Requirements for Admissible Statements Analysis Case Study

Requirements for Admissible Statements Analysis - Case Study Example On arresting, Escobedo was not warned of his Fifth Amendment Right according to which he had the right to remain silent. On reaching the police station, the arrested repeatedly asked to consult his lawyer but was denied. Even when his attorney arrived at the station, he was not allowed to see or speak his client. His lawyer was told by a police officer that he would be allowed to talk to him once they were done with him. Escobedo was told by a police officer that he and his sister would be released if he submitted to DiGerlando's statement. After hearing this, Escobedo did as he was told and on the basis of his statement he was tried in the court and found guilty of murder. His appeal was rejected by the Supreme Court of Illinois, and Escobedo then petitioned the U.S. Supreme Court for review of his conviction. In 1982, Oreste Fulminante's 11-year-old stepdaughter was reported missing by him. After two days of the report, her body was found in Arizona. She had been shot twice in the head. After some tine, Fulminante was arrested for an unrelated crime. While his stay at the prison, Fulminante met a fellow inmate, Anthony Sarivola, who was also a secret informant for the Federal Bureau of Investigation. O hearing about the murder of his step daughter, Sarivola asked Fulminate about what had happened. But Fulminate did nit give any statement. Sarivola then offered Fulminante protection from "tough treatment" or in other words, torture in prison, in exchange for a confession to the murder of Fulminante's stepdaughter. Fulminante agreed to this and confessed that he had murdered his step daughter. Sarivola passed this information to the Federal Bureau of Investigation. As a result of which, Fulminante was charged with first degree murder of her step daughter, and his confession to Sarivola was used against him at trial (Anonymous, 2009). Fulminante's motion of coerced confession was denied by the trial court and was convicted and sentenced to death. He appealed to the Arizona Supreme Court, where he stated that he was in danger of violence in the prison, had he not confessed murdering his step daughter. The Court held that the confession was indeed coerced and reasoned that a harmless error analysis was inappropriate in the case of forced confessions on the basis of the Fifth and the Fourteenth Amendments. The court ordered a new trial for Fulminante. Legal Requirements for Admissibility of Statements and their Applicability In order for a statement to be admissible in the court the Fifth, Sixth and the Fourteenth Amendment in the United States Constitution need to be fulfilled. The Fourteenth Amendment suggests Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection. According to the Section 1 of this Amendment "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of

Mentoring Assignment Example | Topics and Well Written Essays - 1000 words

Mentoring - Assignment Example Mentors help people to solve their problems at work and out of the office as well. Being capable to manage their life, people feel empowered to do more than they usually do. As a result, they show greater performance and experience fewer difficulties while copying with new tasks or carrying greater responsibility than they used to have. Mentors use their personal example to show that their interventions work perfectly well for them in their life. For instance, if a friend gives a piece of advice, it does not mean that this friend acts the way she or she advices in real life. Everything is different with mentors because they believe in what they say and act accordingly. Usually, such examples are very inspiring because if someone can handle everything, other people can also life effectively. Climate of trust is very important for mentor-mentee relationships because only in this way mentors can effectively help their clients to succeed. In order to create relationships of trust, mentors should be understanding and show positive attitude to the mentee. Also, mentors need to share information with their mentees; they need to provide their personal information as well in exchange for their same information about their mentee. In order to work effectively together, mentor and mentee need to facilitate agenda and define long-term and short-term goals they need to set during their sessions. This agenda is necessary because it directs work and makes it clear why certain things need to be done. Set goals and solve problems is possible only when people share information about their past and present. Some problems appeared to have place in the past and their consequences can negatively influence mentees life. On the other hand, mentor can understand mentee better if she or she knows the background of this person. Obviously from the title, traditional one-to-one mentoring is the most frequently met mentoring model. It is