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how can I respond to my classmates post? Michigan v. Mosley (1975) I agree with the court's decision to keep the confession as evidence in
how can I respond to my classmates post? Michigan v. Mosley (1975) I agree with the court's decision to keep the confession as evidence in this case. The officers did read the defendant his Miranda rights and even gave a break in between before reading them again. He then gave a confession not keeping with his right to remain silent, which he was made aware of numerous times. Davis. United States (1994) In this case the defendant in writing and orally waived his Miranda rights. After a lengthy time he then stated that he "maybe" should talk to an attorney. Asking for confirmation from the defendant he then stated that he didn't was not asking for one. The court held with the evidence being admissible due to the circumstances of the statements made by the defendant. In no way was he stating clearly that he wanted an attorney though multiple times had led the officers to believe he didn't through his words, actions, and even signature. (Camren, 2015) There was no violation here. I agree with the court's decision. Harris v. New Your (1971) This case is a little different. There is a confession but not with the reading of their full Miranda rights. This evidence has been deemed inadmissible in her case but by law can be used in another case to prove that the person did in fact know something about the crime they might later be denying. This is one where it is sad that the evidence in both cases in reference to a confession could not be used for the purposes of getting justice showing the importance of reading a person their full Miranda right. Though I agree with it being able to be used as collateral derivative evidence due to it not being able to be used to incriminate the original defendant with the violation. (Camren, 2015)
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