PART I:

Please discuss each of the following:

1. Discuss when Miranda must be given to an individual, including the difference between an arrest and a custodial interrogation.
2. What does the court look for to determine if a confession has been voluntarily given?

PART II:

Attached is the investigation report completed by the police officer called to the scene of the crime. Also, attached is a signed confession by Mayo. Using the investigation report, the signed confession and the facts from week 1 discussion, answer the following questions:

1) Is this a valid confession made by Mayo? What will the court look at to determine if this confession will be admitted into evidence at trial?

2) Did the officer conduct an illegal interrogation of Mayo? Discuss why.

GLENVILLE POLICE DEPARTMENT

CONFESSION

I work at the Local Watering Hole as a bar tender every night. I live with my father who is terminally ill and needs my help. I have 2 younger brothers that I help support. My mother is dead. I have been working on getting my GED during the day, but have not been able to past the test.

I was working at the Local Watering Hole when Basil came in. Basil was drunk. I did not serve him. I had a few drinks earlier that night before my shift, but was fine to work. The bar was not crowded, just a few of the regulars were there.

I did owe Basil some money.I have not been able to pay him because of paying for my father's medications and food for my brothers. Basil did not care, he kept coming into the bar harassing me for the money. I only knew him from the bar. I promised to pay him the money next week. I had worked extra shifts, but would not get the check until next week. I have seen him pretty drunk before. He would always be a mean drunk.

Basil was mad when he came in the Hole. He was upset I could not pay him the money. He began yelling and demanding his money and picked up a beer bottle and broke the top off of it. He told me if I did not give him the money he was "going to kill me". I was scared he was going to kill me.

The owner keeps a gun in the bar in case of an emergency. I grabbed the gun and told him to stop yelling and threatening me. When he did not stop yelling and waiving the beer bottle, I shot him.

Signed voluntarily,

INVESTIGATION SUMMARY

I entered the above location and found Scowen dead on the ground in the bar. He had a large gunshot wound to his head. The Suspect was standing behind the bar. I searched Scowen and found a wallet containing $15 and a business card. There was a .38 revolver laying on the bar counter in close proximity to the suspect. Suspect said, "that is the gun I used." I placed the gun in an envelope and sealed it as evidence. It was logged in at the police department. Suspect said, "I am sorry. I was angry, but he deserved it". Suspect was placed under arrest. After arrival at the station Suspect wanted to make a confession. I then recited Miranda warnings. Suspect signed the waiver form and then confessed to killing Scowen for the money.