Chapter 5, p. 77

Examine the following interaction where the defendant stated that he understood the rights that had been read to him from a card. The following interchange followed.

1. Officer: Ok, Mr. Faulkner, do you knowingly, intelligently and voluntarily waive these rights as I have read them out to you on this Miranda warnings?
2. Defendant: I don't understand that. Could you translate that down for me?
3. Officer: Ok. Do you knowingly, intelligently and voluntarily, do you know what I read you? Do you understand it? Are you intelligent enough to understand what I've read you, and do you voluntarily waive these rights that I've read you? Are you willing to talk to me?
4. Defendant: Yes, sir.

Respond to the following 6 questions based on the transcript. (Make sure the you provide specific information in your responses).

1. The officer addresses the defendant as Mr. + last name. What is the purpose of using Mr.? What impact does that have on the defendant?
2. In line 2, the defendant states that he does not understand and requests the officer to translate. What information can we deduce about the defendant's background?
3. What should the officer have actually done after what the defendant stated in line 2?
4. Does the officer respond to what the defendant requested in line 2? Explain why or why nor in your response with specifics.
5. In line 5, the defendant states, "Yes, sir." Can you be certain that the defendant is responding to the officer's last question: Are you willing to talk to me?
6. Do you think the Court was fair in its decision that the defendant knowingly, willingly, voluntarily, and intelligently waived his rights to a lawyer? Explain why or why not!