Question
part 1: https://www.youtube.com/watch?v=oARbSQaw0uA In this short video, you see how young people are unable to effectively protect their right to remain silent when being interrogated
part 1:
https://www.youtube.com/watch?v=oARbSQaw0uA
In this short video, you see how young people are unable to effectively protect their right to remain silent when being interrogated by law enforcement, even when their parents are present. It is routine for the NYPD to take advantage of the fact that young people do not understand the Miranda warnings or the consequences of waiving that right. Examine how the officer persuades the young suspect to waive his rights to an attorney. What do you think prompted the young suspect sign the form and waive his rights to an attorney? Your response should be thoughtful and based on the video clip only.
part 2:
Chapter 4, p. 57
Examine the following interaction between the officer and the defendant.
- Officer: [I]t's my understanding you don't want to sign the rights form now is that right?
- Defendant: Not 'til you know?
- Officer: Ok.
- Defendant: When I talk to my lawyer I'll.
- Officer: Ok. But you don't want a lawyer at this time, is that correct?
- Defendant: I will get a lawyer.
- Officer: Ok. But you don't want one now is what I'm saying. Ok.
- Defendant: I'd like to have one but you know I [sic] it would be hard to get hold of one right now.
- Officer: Well what I am asking you Clayton is do you wish to give me a statement at this time without having a lawyer present?
- Defendant: Well I can I can [sic] tell you what I did.
- Officer: Ok, that's what, that's what [sic] I'm asking.
Respond to the following 5 questions based on the transcript. (Make sure the you provide specific information in your responses).
- Where do you think the defendant invoked their right of counsel? Specify the line numbers,
- Explain why the officer ignores the defendant's right to counsel when he says "I will get a lawyer."
- What is wrong with the request "I will get a lawyer"?
- What is the correct way to invoke your right to counsel?
- How does the officer manipulate he interaction to make the defendant talk to him without a lawyer present?
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