Determine if this confession admitted into evidence at trial


Problem

PEOPLE OF THE STATE OF TEXAS, Plaintiff

VS.

Scott Mayo, Defendant

TYPE OF CASE-Criminal

SUMMARY OF FACTS

Scott Mayo worked as a bartender at The Local Watering Hole. One night at work, Scott got into an argument with Basil Scowen. Mayo owed Scowen $1500.00. The argument heated up and, after Scowen picked up a beer bottle threateningly and appeared to be intoxicated, Mayo grabbed a pistol kept behind the bar and fired at Scowen, killing him. Mayo says Scowen told him, "I am going to kill you," and what he believed was imminent danger from Scowen. Mayo was placed under arrest. He was not read his rights. He was transported to the local county jail. The prosecution witnesses are the police officer, who came to the scene and took statements from Mayo, and a frequent bar customer, Dawn Dietz, who witnessed some of what happened. The defense witnesses are the defendant, Mayo, and Joe, "the fireman", who was outside and saw some of the action through the window while sitting on the patio.

Attached is the investigation report completed by the police officer called to the scene of the crime. Also, attached is a signed confession by Mayo. Using the investigation report, the signed confession answer the following questions:

• Is this a valid confession made by Mayo? Discuss why.

• What will the court look at to determine if this confession will be admitted into evidence at trial?

• Did the officer conduct an illegal interrogation of Mayo? Discuss why.

The response must include a reference list. Using Times New Roman 12 pnt font, double-space, one-inch margins, and APA style of writing and citations.

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