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Requirements for Admissible Statements Analysis - Case Study Example

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Requirements for Admissible Statements Analysis

On arresting, Escobedo was not warned of his Fifth Amendment Right according to which he had the right to remain silent. On reaching the police station, the arrested repeatedly asked to consult his lawyer but was denied. Even when his attorney arrived at the station, he was not allowed to see or speak his client. His lawyer was told by a police officer that he would be allowed to talk to him once they were done with him. Escobedo was told by a police officer that he and his sister would be released if he submitted to DiGerlando's statement. After hearing this, Escobedo did as he was told and on the basis of his statement he was tried in the court and found guilty of murder. His appeal was rejected by the Supreme Court of Illinois, and Escobedo then petitioned the U.S. Supreme Court for review of his conviction.
In 1982, Oreste Fulminante's 11-year-old stepdaughter was reported missing by him. After two days of the report, her body was found in Arizona. She had been shot twice in the head. After some tine, Fulminante was arrested for an unrelated crime. While his stay at the prison, Fulminante met a fellow inmate, Anthony Sarivola, who was also a secret informant for the Federal Bureau of Investigation. O hearing about the murder of his step daughter, Sarivola asked Fulminate about what had happened. But Fulminate did nit give any statement. Sarivola then offered Fulminante protection from "tough treatment" or in other words, torture in prison, in exchange for a confession to the murder of Fulminante's stepdaughter. Fulminante agreed to this and confessed that he had murdered his step daughter. Sarivola passed this information to the Federal Bureau of Investigation. As a result of which, Fulminante was charged with first degree murder of her step daughter, and his confession to Sarivola was used against him at trial (Anonymous, 2009).

Fulminante's motion of coerced confession was denied by the trial court and was convicted and sentenced to death. He appealed to the Arizona Supreme Court, where he stated that he was in danger of violence in the prison, had he not confessed murdering his step daughter. The Court held that the confession was indeed coerced and reasoned that a harmless error analysis was inappropriate in the case of forced confessions on the basis of the Fifth and the Fourteenth Amendments. The court ordered a new trial for Fulminante.

Legal Requirements for Admissibility of Statements and their Applicability

In order for a statement to be admissible in the court the Fifth, Sixth and the Fourteenth Amendment in the United States Constitution need to be fulfilled. The Fourteenth Amendment suggests Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection. According to the Section 1 of this Amendment "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of ...Show more

Summary

On the night of 19 January 1960, Danny Escobedo's brother-in-law was shot fatally. The next day, Escobedo was arrested by the police without a warrant. He was then taken into police custody and interrogated. Escobedo did not present the interrogating officers with any statement and he was released that same afternoon after his lawyer submitted a writ of habeas corpus in the state court suggesting that there was not enough evidence against his client…
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