MISSOURI V. SEIBERT
542 U.S. 600 (2004)
NATURE OF THE CASE: Seibert (D) was convicted of second degree murder based on a confession that was obtained by questioning, then a Miranda warning, and then a subsequent confession. The District Court admitted the second confession and the Court of Appeals affirmed but the State Supreme Court reversed. The Supreme Court granted certiorari.
FACTS: D's 12-year-old son, Jonathan, had cerebral palsy. The boy died in his sleep. D feared charges of neglect because of bedsores on his body. Two of her teenage sons and two of their friends devised a plan to conceal the facts surrounding Jonathan's death by incinerating his body in the course of burning the family's mobile home. They planned to leave Donald Rector, a mentally ill teenager living with the family, to avoid any appearance that Jonathan had been unattended. D's son Darian and a friend set the fire, and Donald died. D was arrested and police were under orders not to give her a Miranda warning. D confessed. D was then given a Miranda warning and immediately the interrogation began again with full reference to the previous confession. D confessed again in a matter of minutes. D sought to exclude both statements. The police admitted they made a 'conscious decision' to withhold Miranda warnings: question first, then give the warnings, and then repeat the question 'until I get the answer that she's already provided once.' The court admitted the responses given after the Miranda recitation. D was convicted of second-degree murder. The Court of Appeals affirmed. The State Supreme Court reversed holding that '[i]n the circumstances here, where the interrogation was nearly continuous, ... the second statement, clearly the product of the invalid first statement, should have been suppressed.' The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment