Principles of Investigation
Professor Barnes
9/24/13
Home Work Chapter 6
Davis V. United States 1994 In 1994, U.S. Navy sailor Davis decided to have a little game of pool. To make this game interesting he and his opponent decided to wager $30.00. After the game this person decided he wasn’t going to pay Davis the money that was owed to him. Davis decides to pick up a cue stick and beat this man to death. The pool hall only allowed you to take home your own cue, Davis just so happened to own two. Naval investigators found a bloody pool stick in Davis’ possession and several people stated that they heard Davis confess to murdering this man. Davis was taken into custody and read his Miranda rights. During the interrogation Davis confessed and made an ambiguous statement, “Maybe I should talk to a lawyer.” The investigator then asked him if he wanted a lawyer and Davis stated, “No”. Davis’ lawyer later argued that Davis was denied the right to an attorney. The Supreme Court ended up deciding that an ambiguous and unclear request for a lawyer does not establish the right. The request for a lawyer must be unambiguous and clear.
Illinois V. Perkins 1990 In this case an undercover agent was placed in prison with a man who obviously committed a crime. Believing that the agent was a fellow inmate, the prisoner began to brag about his crimes and confessing to some he had gotten away with. When he was about to be charged with those crimes, he invoked his right to be read Miranda. This case ended up going all the way to the Supreme Court and the decision stood. The evidence was valid. Justice Anthony Kennedy wrote that the reason Miranda was put into place was so that police wouldn’t coerce illegal involuntary confessions from suspects. If a prisoner believes that an undercover agent just so happened to be his cell mate, then the prisoner was not coerced into that confession. He voluntarily gave it. I personally agree with the decisions