Author Question: Distinguish between a bright-line decision and case-by-case adjudication. What will be an ideal ... (Read 50 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?

Patients who have been on total parenteral nutrition for more than a few days may need to have foods gradually reintroduced to give the digestive tract time to start working again.

Did you know?

The human body's pharmacokinetics are quite varied. Our hair holds onto drugs longer than our urine, blood, or saliva. For example, alcohol can be detected in the hair for up to 90 days after it was consumed. The same is true for marijuana, cocaine, ecstasy, heroin, methamphetamine, and nicotine.

Did you know?

Long-term mental and physical effects from substance abuse include: paranoia, psychosis, immune deficiencies, and organ damage.

Did you know?

About 3.2 billion people, nearly half the world population, are at risk for malaria. In 2015, there are about 214 million malaria cases and an estimated 438,000 malaria deaths.

Did you know?

Cancer has been around as long as humankind, but only in the second half of the twentieth century did the number of cancer cases explode.

For a complete list of videos, visit our video library