Friday, June 17, 2011

Mochtrial Pretrial

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Mock Trial �pretrial opening arguments

Your honor on June 10th, 17 year old Beck Martin was called out of class and placed in police custody. During an interrogation Officer Kripke asked Miss Martin questions about fellow student and friend Anne Marcus who was announced as dead earlier that morning. Before responding to these questions Miss Martin stated her parents were out of town and asked for her Aunt Myra. According to California case law such a request is a per se invocation of the right to silence and under both state and federal constitutions questioning must stop in response to the invocation.

The officer violated Miss Martin’s rights when __ denied the request and continued the interrogation. The defense is asking Miss Martin’s statements following her first request to be excluded from trial. The request was a clear indication that Miss Martin was uncomfortable and wanted questioning to stop, making the way the statements were gathered unconstitutional and the statements themselves inadmissible.

According to People v Burton Miss Martin’s request was an invocation of her rights under the 5th amendment and article 1 section 15 of the California constitution. The request was also a normal reaction of any youth suspect because she did not know whom else to look to for help. Miss Martin’s Parents were in Europe available only on Monday evenings while Aunt Myra lived down the street from her and was able to come down in person. Also Miss Martin knew and trusted Aunt Myra, unlike some court appointed lawyer she had never met before.

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Both People v Rivera and Miranda v Arizona hold that questioning must stop once the right to remain silent is invoked despite previous waivers. If questioning continues then it is possible to pressure someone into talking, thus violating the right to silence. The test established by Edwards v Arizona determines if an omission is th

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