LP8-Case Law Assignment Example | Topics and Well Written Essays - 750 words

LP8-Case Law - Assignment Example However, on its part the court argued that Michael waived his right to stay silent and this was due to his request to consult his probation officer. The main issue on this case was to inquire whether by requesting that he consult his probation officer, Michael’s right under the Fifth Amendment was invoked (Fare v. Michael C. 442 U.S. 707 1979). The court held that since under the criminal justice system attorneys and probation officers are different, then Michael rights were not violated. According to Justice Blackmun, while attorney plays a significant role in the adversarial process, probation officers do not provide equally assistance in the custodial interrogation and thus speaking to the two officers cannot be treated in a similar way. Additionally, the court argued that the minor was aware that he waived his rights. This implied that there was a chance of more interrogation. In my opinion, the police could have allowed the respondent to speak to his probation officer. According to the US Supreme court, any one who exercises his or her right to remain silent should not be punished. Thus, the interrogators were supposed to allow Michael to speak to the probation officer who could then provide more information that could assist the judge and the prosecutors in the trial process. During the case, the court held that it was not a must that the warnings given by the police to the accused use same words as indicated by Miranda opinion. In this case, I support the court’s holding. The case of California v. Prysock case involves a victim who was murdered in 1978. After the killing, a minor was arrested and taken to Tulare County department where he was reminded on his Miranda rights. Despite efforts by the police to retrieve information from the respondent, he declined to talk. This made the police to notify his parents since the