Author Question: Distinguish between a bright-line decision and case-by-case adjudication. What will be an ideal ... (Read 15 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?

Illicit drug use costs the United States approximately $181 billion every year.

Did you know?

The horizontal fraction bar was introduced by the Arabs.

Did you know?

The Centers for Disease Control and Prevention (CDC) was originally known as the Communicable Disease Center, which was formed to fight malaria. It was originally headquartered in Atlanta, Georgia, since the Southern states faced the worst threat from malaria.

Did you know?

There used to be a metric calendar, as well as metric clocks. The metric calendar, or "French Republican Calendar" divided the year into 12 months, but each month was divided into three 10-day weeks. Each day had 10 decimal hours. Each hour had 100 decimal minutes. Due to lack of popularity, the metric clocks and calendars were ended in 1795, three years after they had been first marketed.

Did you know?

Fewer than 10% of babies are born on their exact due dates, 50% are born within 1 week of the due date, and 90% are born within 2 weeks of the date.

For a complete list of videos, visit our video library