Imagine that you are living in your home one day, while home for winter break, or summer vacation. One day, the police arrive at your doorstep, demanding to enter. They say that they have reason to believe that you have committed a serious crime. You ask them to produce a warrant, but they do not, Quickly you realize that they do not have a warrant.
They also do not specify what kind of crime you are supposed to have committed. They. claim probable cause, but do not explain what gave them reason to suspect you, or this location.
They force their way into your home anyway. In your room, they find evidence that you possess an illegal drug of some kind. They seize the evidence, and arrest you.
Once in police custody, the officers attempt to force a confession from you. They use methods which are….coercive in nature. You ask for someone you trust to be present in the. interrogation with you to help you, and to discourage their coercion. They deny you any such assistance. Under severe duress, you sign a confession eventually. You are guilty of drug possession, yes, but your confession also admits (falsely) trafficking and selling those same drugs.
At trial, the local prosecutor uses your confession as conclusive evidence that you have committed severe drug-related offenses. The prosecutor demands that you take the stand to defend yourself from the state’s accusations. You refuse. The prosecutor, and the judge, instruct the jury to interpret your refusal to take the stand in your own defense as evidence of your guilt. That, combined with your coerced confession, prompt the jury to convict you.
Explain the constitutional problems with this scenario. Which amendments are important to you, the accused? Which pieces of caselaw would be relevant to criticize what the government and the court have done here? Were your arrest, interrogation, prosecution, and conviction constitutionally legitimate?
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** NOTE: Do not use any outside sources, only the powerpoints provided below. Use your OWN words. No need for citations. Minimum of 500 words.
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