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1.) If I Can’t Have You. Bertha shot and ki((ed her husband and his lover after discovering them having passion in his car. When an officer came to her house to inform Bertha that her husband had been shot, Bertha broke down and admitted she did it. She also admitted that she had purchased a gun illegally because she suspected her husband of cheating. This confession took place before the officer read Bertha her Miranda rights, although when he went to the house the officer has suspected Bertha. Bertha was convicted of manslaughter because her confession was suppressed. Answer the following questions:
a. You are the trial judge at the sentencing hearing. If you wish, you can rely on the suppressed confession for a sentence enhancement, in effect imposing the same sentence Bertha would have received for second-degree murder. Should you do so? Why or why not?
b. If you were on the appellate court reviewing Bertha’s sentence imposed as described in (a), would you rule that this sentence is fair?

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Answer:

You are the trial judge at the sentencing hearing. If you wish, you can rely on the suppressed confession for a sentence enhancement, in effect imposing the same sentence Bertha would have received for second-degree murder. Should you do so? Why or why not?

b. If you were on the appellate court reviewing Bertha’s sentence imposed as described in (a), would you rule that this sentence is fair?

Answer:

There is no right or wrong answer - the question asks about the importance of Miranda Rights and your understandings of them.

Explanation:

a. Depending on the states, second-degree murder usually has a different set of sentencing guidelines from those for manslaughter. So the trial judge may be bounded in the sentencing hearing. Even if the guidelines are the same, the judge would be wise to impose sentence based on the case as presented; which did not included the suppressed confession. If the sentence is based on the confession, the case will be likely be reviewed and may even be over-turned by the appellate court. Judges do not like when their cases get over-turned.

b. It will depend on what the sentencing judge did in (a).

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