After reading the passage below, you must answer the questions that follow. Your answers must be saved as a MS Word document. Write answers as comprehensively as possible, and document any sources that you use following APA format.
Chapter 6 Case Study: Piano Guy
Officer Smithwick arrested Jon Doreme for drug possession. At the time of the arrest, Doreme was at a bar, and he was also intoxicated, but not grossly intoxicated. He was in fine spirits when he was brought into the station, chatting up people as Officer Smithwick took him through the station for interrogation. Back at the bar, he had told Officer Smithwick that the drugs weren’t his and that someone planted them on him.
Officer Smithwick advised him of his rights and began to ask him questions pertaining to the cocaine she found on him that he claimed was not his.
But Doreme wanted to talk about music. Doreme played keyboards in a local band and had just come into possession of a “sick baby grand piano. You should hear me play this thing. It just sounds so sweet!”
Officer Smithwick continued to question Doreme about how he came to have a baggie of cocaine sticking out of his back pocket at Sometown Pub that evening, but Doreme kept going back to the piano.
“It’s just such a great piano. It’s so pretty. Really, you should hear me play it sometime. But I don’t take it out when I’m playing with the band. So I guess you’d have to come to my house.”
“Mr. Doreme, could we get back to how you came to be in possession of the cocaine, please?”
“Seriously, though. Do you want to know the best part about this piano? I stole it. From Mr. Plink’s Piano shop. I snuck in there three weeks ago with some buddies of mine, and we stole a freaking piano!”
After another 15 minutes of questioning, Doreme confessed that the cocaine was his. In addition to facing charges for drug possession, Doreme was also brought up on theft for the baby grand piano.
Answer each of the following questions in short essay (3-4 sentences) format. Be sure to document any sources you use when constructing your responses.
1. Jon Doreme was not originally arrested for theft. Will his confession about the piano be inadmissible? Why or why not? What specific requirement about confessions applies here?
2. Jon Doreme was intoxicated when he was questioned, or he never would have confessed to stealing the piano. Would his confession be admissible?
3. When deciding to admit a confession, what is the standard of proof the government must meet? Will the government be able to establish this standard in this situation? Explain.