Your law firm represents a judge who was recently arrested for driving under the influence of alcohol. When police pulled him over and arrested him, they failed to read him his Miranda rights. Despite...

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Your law firm represents a judge who was recently arrested for driving under the influence of alcohol. When police pulled him over and arrested him, they failed to read him his Miranda rights. Despite not reading the judge his rights, the police proceeded to interrogate the judge, and the prosecutor intends to use the judge’s statements against him in the prosecution. The attorney you work for has advised the judge to file a motion to suppress his statements, arguing that the failure of police to read the judge his rights mean that they were illegally obtained.
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Your law firm represents a judge who was recently arrested for driving under the influence of alcohol. When police pulled him over and arrested him, they failed to read him his Miranda rights. Despite not reading the judge his rights, the police proceeded to interrogate the judge, and the prosecutor intends to use the judge’s statements against him in the prosecution. The attorney you work for has advised the judge to file a motion to suppress his statements, arguing that the failure of police to read the judge his rights mean that they were illegally obtained. The prosecution plans to dispute the motion to suppress on the grounds that the judge already knew his rights because he is not only an attorney but a judge.Write an argument of 3-5 paragraphs in favor of the attorney's position or against it.Do you believe that the judge should be held to a higher standard due to the fact that he works within the justice system? Why or why not?Be sure to support your position with reference to relevant cases and/or other sources.Be sure to cite all references in APA format. Substantively respond to the posts of your classmates. 3-5 paragraphs

Answered Same DayDec 20, 2021

Solution

David answered on Dec 20 2021
3 Votes
An argument in favour of the attorney
In my opinion, even in case of a tort, the laws should have been followed and though
the person involved was a judge, firstly he was drunk and secondly the Miranda laws and
ights are applicable to all. Being a judge, does not make a person any different from any
other individual. So when in a position of a wrong doer, the judge is also just another
individual and should have a right to the Miranda rules. The Miranda rules are made for the
purpose of and with an objective to ensure that the individual committing a tort or crime is
given a fair and equal chance to provide details that may later be considered as an essential
evidence in the case.
“A Tort refers to a wrong done to an individual or organization or even community by
eaching its rights and not giving it its well...
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