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.
Miranda Rights: The requirements are that individuals who are in custody of a law enforcement agency and subsequent to being taken into custody, are questioned by government agents have the right to be silent. If they choose to speak, their statements will be held against them. They are entitled to be represented by counsel of their choice. If they cannot afford an attorney, one will be appointed for them by the court.
Focus your discussion on the following:
- Write an argument of 4-6 paragraphs in favor of the attorney’s position or against it.
- Do you believe that the judge should be held to a higher standard because of 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.