Author Question: Distinguish between a bright-line decision and case-by-case adjudication. What will be an ideal ... (Read 9 times)

jrubin

  • Hero Member
  • *****
  • Posts: 552
Distinguish between a bright-line decision and case-by-case adjudication.
 
  What will be an ideal response?

Question 2

Were Gonzalez-Lauzan's statements made after Miranda warnings were read admissible?
 
  Officers took Gonzalez-Lauzan, who was serving a ten-month sentence for violating supervised release on a previous conviction to a federal court house to question him abut his involvement in a murder. The officers agreed among themselves in advance not to administer Miranda warnings, and instructed Gonzalez-Lauzan several times just to listen and told him that they did not have any questions. The officers hoped that the strength of this evidence would persuade Gonzalez-Lauzan to talk about his participation in the killing. Approximately two-and-a-half hours into the meeting, Gonzalez-Lauzan stated suddenly, okay, you got me. He was then immediately read his Miranda rights, signed a waiver form, and subsequently made multiple incriminating statements during the interrogation.
  What will be an ideal response?



xiaomengxian

  • Sr. Member
  • ****
  • Posts: 311
Answer to Question 1

A bright-line decision is one in which the Court hands down a specific rule that is meant to be applied uniformly in every case, with very little interpretation. It is like the metaphorical line drawn in the sand in which the Court emphatically communicates to the criminal justice community what it can and cannot do.
A decision requiring case-by-case adjudication is quite different. In these types of rulings, the Supreme Court often refers to the concept of totality of circumstances. This means that all the facts and circumstances surrounding the case must be examined in order to determine whether a constitutional rights violation has taken place. Deciding whether the totality of circumstances supports the action in question requires looking at each case individually.

Answer to Question 2

Yes



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
 

Did you know?

Opium has influenced much of the world's most popular literature. The following authors were all opium users, of varying degrees: Lewis Carroll, Charles, Dickens, Arthur Conan Doyle, and Oscar Wilde.

Did you know?

Adolescents often feel clumsy during puberty because during this time of development, their hands and feet grow faster than their arms and legs do. The body is therefore out of proportion. One out of five adolescents actually experiences growing pains during this period.

Did you know?

According to the American College of Allergy, Asthma & Immunology, more than 50 million Americans have some kind of food allergy. Food allergies affect between 4 and 6% of children, and 4% of adults, according to the CDC. The most common food allergies include shellfish, peanuts, walnuts, fish, eggs, milk, and soy.

Did you know?

Pregnant women usually experience a heightened sense of smell beginning late in the first trimester. Some experts call this the body's way of protecting a pregnant woman from foods that are unsafe for the fetus.

Did you know?

To maintain good kidney function, you should drink at least 3 quarts of water daily. Water dilutes urine and helps prevent concentrations of salts and minerals that can lead to kidney stone formation. Chronic dehydration is a major contributor to the development of kidney stones.

For a complete list of videos, visit our video library