Order from us for quality, customized work in due time of your choice.
From conversations with a local bartender, the police suspected that Elmo Rapier, an adult male, age 25, may have been involved in a “gang rape” of a 19 year-old female at a local bar a few weeks earlier. The police knew Rapier as a reasonably intelligent young executive who at one time was charged with driving while intoxicated. Police Sergeant Tuesday, who was acquainted with the suspect, called Rapier and said he would like to interview him about an incident that occurred at the Jolly Fellows Bar a few weeks earlier. Rapier responded, “If you would like to talk to me, come on over to my house this evening.” Sgt. Tuesday called on Rapier that evening, and during the interview Rapier acknowledged having been in the Jolly Fellows Bar on the night in question. With Rapier’s consent the officer recorded the interview during which Rapier also identified some other men who had been there and made some statements about the female victim that tended to incriminate him.
Rapier was taken to the police station and placed in a line-up with four other men. He was the only Caucasian in the lineup. He was then given his Miranda rights and questioned further; the police told him that three other men had implicated him in the crime, a statement which was not true. Rapier admitted to being present but maintained he did not participate in the rape. After further investigation, Rapier and four other white men were charged with the sexual battery of the female victim.
Before trial, Rapier’s counsel sought to suppress the statements given to Sgt. Tuesday on the grounds that the officer failed to advise him of his Miranda rights before he made incriminating statements. His lawyer also challenged the lineup and the post-Miranda statement. What ruling should the court make? Why?
Write a response or statement (approximately one page in length) which answers the above question(s).
Is the Miranda rule necessary to ensure our constitutional rights? Why or why not?
Explain your answer fully with reference to the facts and the relevant law as contained in your course readings.
Order from us for quality, customized work in due time of your choice.