Silvester was arrested by police on suspicion of murder. Officer Johnson provided Silvester with his Miranda rights and when he came to the right to counsel quoted the following: "You have the right to an attorney if and when you go to trial and if you can not afford a lawyer one will be provided for you."

Officer Johnson questioned Silvester over a two-hour period of time and Silvester offered only one-word answers.  When asked if he prayed to God he simply answered, "yes." When asked if he prayed to God to forgive him, he once again answered,  "yes." Finally, when asked if he prayed to God to forgive him for killing the elderly man, he answered, "yes."

Silvester was then placed in a cell with Jake, who happened to be a police informant. Jake spun a tale about his role in a gang killing to gain Silvester's confidence and then challenged his "manhood" with the statement, "Of course I'm sure a small guy like you (Silvester was about 5'5" and 130 lbs) would never be able to kill someone." Silvester then took the bait and related how he had killed an elderly man just last week." 

The next morning, Officer Johnson removed Silvester from his cell, Mirandized him once again, and began a series of questions concerning the murder. After about 5 minutes of questions, Silvester responded, "I don't know maybe I need a lawyer." Officer Johnson immediately ceased questioning him and queried "Ok, are you requesting a lawyer?"  Silvester then responded, "well if I do anything formal I may need the help of a lawyer. I think I'll talk to you but I'm not going to sign anything." After another hour of questions, Silvester finally shrugged his shoulders and said, "Yup, I was there but I didn't pull the trigger.

Please discuss the legal issues relating to

 

 (1) the initial offering of Miranda rights to Silvester; 

 

(2) the three single word answers by Silvester concerning the murder of the elderly man; 

 

(3) the statement by Silvester to Jake in the jail cell; 

 

(4) the comment by Silvester about a lawyer; and,

 

(5) the final decision by Sylvester to speak with the officer.