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Law Case Studies

            
            
            
             ) Justice White believes that a person should have the assistance of counsel only when many confessions are obtained, Justice Goldberg argued that as soon as a person is considered a suspect they should be given the right to a lawyer. He continues to support his argument by stating that the right to counsel is not only for trial preparation but instead to all interrogations by police and everything leading to the trial.
             2.) Justice Goldberg feels that it isn't enough for a person to have counsel only in trial because confessions are obtained at other times and it is important to inform all people of their rights before they incriminate themselves.
             3.) I feel that in this case the court should exclude the confession because the person was not aware that he had the right to stay silent and he had the right to get advice from a lawyer who knew the system well. If he was unaware of his rights, his confession should be overturned. The police should be obligated to inform the defendant that he or she has certain rights to help him or her prepare for the defense because if the defendant is unaware of the rights they possess, there is no point in having the rights.
             4.) I think that if a suspect asks for a lawyer all questioning must stop and everything possible should be done to locate a lawyer for the suspect. I feel that the police should locate a lawyer for the suspect as soon as possible and provide the lawyer enough time to confer with the suspect.
             5.) I think it is obvious that it will make it more difficult for the police to convict the person. If a suspect doesn't give any information or any testimony, the police are left with the burden of trying to figure out exactly what happened and discover all of the facts without help from the suspect. Without a confession, the prosecution has problems deliberating who could have committed the crime and has a hard time ending all reasonable doubt, so the system has problems convicting the silent suspect.


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