Bar Exam (US) Criminal Procedure: Under which of the following fact situations would Defendant’s...

Question

Under which of the following fact situations would Defendant's Miranda waiver MOST likely be in effective?

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  1. A
    Correct Answer
    Defendant recently graduated from Georgetown Law Center. At her graduation party, Defendant became highly intoxicated after drinking a pint of Southern Comfort. Following the party, Defendant attempted to drive home in her auto. She fell asleep at the wheel and crashed into another vehicle, seriously injuring the driver. Shortly after the accident, a police officer came on the scene and arrested Defendant, charging her with D.U.I. The Defendant was then given her Miranda warnings and transported to the police station. Upon questioning, Defendant, who was still highly intoxicated, waived her Miranda rights and elicited an incriminating statement.
  2. B
    Correct Answer
    Defendant stabbed victim after a violent argument. Following the stabbing death, the police arrested Defendant and charged him with murder. He was transported to the station house where Miranda warnings were given. Afterwards the Defendant was interrogated and proceeded to waive his Miranda rights. He then confessed to committing the crime. At trial, a psychiatrist testified that Defendant was mentally ill and his confession was not the result of a knowing and intelligent waiver.
  3. C
    Correct Answer
    Defendant was a 15 year-old boy who was a high school sophomore. He possessed normal intelligence and experience for a youth of his age. One night he and two friends attended a Simon and Garfunkle concert in Central Park. After the concert, Defendant and his friends went on a "wilding" spree assaulting and robbing a number of victims in the park. The next day Defendant was arrested and received proper Miranda warnings. After being subjected to persistent questioning for two hours, Defendant waived his Miranda rights and made a confession. At trial, Defendant claims that he did not make a knowing and intelligent waiver.
  4. D
    Correct Answer
    Defendant was a 16 year-old juvenile who was in police custody on suspicion of murder. He was given his Miranda warnings and then requested to have his probation officer present. He had been on probation for a series of juvenile offenses. His request was denied. During a brief interrogation, Defendant proceeded to waive his Miranda rights and made incriminating statements that linked him with the crime. At trial Defendant's lawyer claims that his waiver was ineffective because his request to see the probation officer was the equivalent of asking for a lawyer.
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