Criminal Law

The former Sameer Shariff, a Saudi Arabian national who changed his name to “The Left Hand of God” and is known to his followers as “Hand,” is a suspected terrorist. Department of Homeland Security (DHS) agents believe that he is planning an imminent attack somewhere in Capital City. Under duress to prevent the attack, three DHS agents and three FBI agents storm into Hand’s house, burst into his bedroom, where he is in bed with a woman, and point shotguns at him. They demand to know what he is planning. No Miranda warnings are read. Hand tells them that he has hired Alex “Boom Boom” Jaxon, a known explosives expert, to plant a bomb in the Capital City Arena, with a timer to go off in three hours when the arena will be filled with over 20,000 people for a music concert. Jaxon is known to the police and is in Central City, which is two hours away. He is arrested by Central City police and calls his lawyer in Capital City, who tells him he will meet him there and to remain silent. The lawyer then tells Central City police that they are not to question Jaxon until they arrive in Capital City and the lawyer is present. Central City Police Officer McFadden drives Jaxon to Capital City. McFadden knows that DHS, FBI, and Capital City police are searching the arena, but McFadden is afraid they will not find the bomb in time. By the time that McFadden and Jaxon arrive in Central city, the concert hall is already full of audience members, and the show is set to begin in twenty minutes. McFadden, who knows Jaxon’s family from previous police contacts, tells Jaxon that his mother and two brothers, who have been surveilled by the police for the last six weeks, are at the concert and will die if the bomb goes off. Jaxon leads McFadden to the bomb, which is defused. A crying Jaxon states that his purpose was to kill infidels, but he would never harm his family. Research Fifth Amendment cases, including Miranda v. Arizona, 386 U.S. 436 (1966), which involves custodial interrogation and the right against self-incrimination. In your paper, Determine whether Hand was entitled to Miranda warnings. Explain whether the fact that Hand was not a citizen of the United States affects his rights in relation to the Fifth Amendment right to remain silent. Identify whether Hand’s questioning was custodial. Explain whether McFadden’s statement abouthis family constitutes custodial interrogation. Evaluate whether Hand’s statement can be used against him in a court of law. Explain whether Jaxon’s statement be used against him in a court of law. Determine whether Jaxon can testify against Hand.

Sample Solution

Whether Hand was entitled to Miranda warnings

In Miranda v. Arizona, the Supreme Court held that suspects must be advised of their rights to remain silent and to have an attorney present before they can be questioned in a custodial interrogation. A custodial interrogation is any questioning that takes place in a situation where a reasonable person would feel like they are not free to leave.

In the case of Hand, he was in bed with a woman when he was awakened by armed agents pointing shotguns at him. He was then questioned about his plans. Under these circumstances, a reasonable person would feel like they were not free to leave, so Hand was entitled to Miranda warnings.

Full Answer Section

The Fifth Amendment to the United States Constitution protects all people, regardless of their citizenship status, from being compelled to incriminate themselves. This means that Hand, as a non-citizen, was entitled to the Miranda warnings just like any other suspect. Whether Hand’s questioning was custodial The question of whether Hand’s questioning was custodial is a close one. On the one hand, he was in his own home when he was questioned, which might suggest that he was not in custody. However, the fact that he was awakened by armed agents pointing shotguns at him suggests that he was not free to leave. Ultimately, it is up to a judge to decide whether Hand’s questioning was custodial. Whether McFadden’s statement about Jaxon’s family constitutes custodial interrogation McFadden’s statement to Jaxon about his family could be considered custodial interrogation. Custodial interrogation occurs when a suspect is questioned while they are in custody and the questioning is likely to elicit an incriminating response. In this case, Jaxon was in custody because he was being transported by the police. McFadden’s statement about Jaxon’s family was likely to elicit an incriminating response because it made Jaxon fear for the safety of his family. Whether Hand’s statement can be used against him in a court of law Whether Hand’s statement can be used against him in a court of law will depend on whether his rights were violated. If Hand’s questioning was custodial and he was not given Miranda warnings, then his statement cannot be used against him in court. However, if Hand’s questioning was not custodial or he was given Miranda warnings, then his statement can be used against him in court. In conclusion, it is likely that Hand was entitled to Miranda warnings and that his questioning was custodial. However, it is up to a judge to decide these issues. If Hand’s rights were violated, then his statement cannot be used against him in court.

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