Reference no: EM132168113

Using the facts provided to you in the week one discussion forum #2, answer the following questions :

1) Did the police have probable cause to arrest Mayo?

2) Did law enforcement violate Mayo's constitutional rights? If yes, explain how. If not, explain why.

3) Were the police required to read Mayo his Miranda rights? Discuss why.

You must post your initial response by Wednesday of the week assigned and must reply to 2 others by Sunday of the week assigned.

Your initial substantive response should be at least 250 words

Week 1 Forum #2

Please read the following case scenario below. You will be using these facts over the next 7 weeks. The case heading and type of case is listed below.

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.

Based on the facts provided to you, if you are the prosecutor, what will you charge Mayo with using your own state law? Please discuss why in your response, providing a detailed analysis of how you reach your decision on the charge(s).