The following questions present various hypothetical scenarios which involve the 4th, 5th, 6th and 14th amendments and our textbook readings of various judicial interpretations of those Amendments. The question is worth 20 points. For maximum consideration, you will need to fully explain your answers by applying the facts in the question to the applicable law.
Local police strongly suspects Shansky of murdering his estranged wife. Months of investigation, however, failed top develop a strong enough case for the Prosecutor to file charges. The prosecutor suggested to Detective Hardy that Shansky be invited in to just talk things over. Hardy called Shansky and said, “we know how upset you must be about your wife’s death and how slow we are going. Would you come down and talk to us and maybe we can get another angle? Shansky agreed. When he arrived at the station house, he was introduced to Sharon Caring, described as a social worker involved in victim counseling. Shansky agreed to talk with Caring until the Detective was free. During his talk with Caring, Shansky broke down into tears. Caring presses him for more details and after Caring agrees to confidentiality, Shansky described how he snapped when he realized his marriage was over, and that he thinks he strangled his late wife during an alcoholic blackout. Caring was in fact a police officer who was assigned to get what she could from Shansky. She tells Hardy everything that Shansky said. Hardy enters the room and begins speaking with Shansky. He presents a detailed theory of the homicide to Shanksy. Shansky blurts out, ” you know I did it, let’s get it over with. Hardy then reads Miranda to Shansky, who signs a Miranda waiver and gives a full written confession. Shansky is charged with his ex-wife’s murder. Are Shansky’s statements to Caring and Hardy admissible in the homicide trial? Why or why not? Discuss all issues. (20 points).
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