Reference no: EM133490994

Problem

So far, as a defense attorney, most of your cases have been DUIs and burglaries with a few robberies tossed in. You are now retained to represent a defendant in a double homicide. The defendant Sy Kopath admits that he really did break into a couple's home and kill them in the course of robbing them of jewelry and electronics. He also used torture to make them tell where the jewels and emergency cash were hidden. He used cigarettes to burn private parts before cutting fingers to make sure they told where it was all hidden. Both husband and wife were in their 70s.

He confesses to you that he did it. However, you become aware that the police did not read him his Miranda Warnings while in custodial interrogation. This resulted in a confession without your presence even after he asked for an attorney.

This is a two part discussion:

Question I. Discuss what should you (would you) do in regards to the confession. Would your answer be different if you believed that he was innocent of the charges or didn't know for sure whether he did the act or not?

Question II. Assume that Kopath is now on trial, and Kopath wants to take the stand in his own defense. You advise against it, but he insists. Discuss what you would do.