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Essay / The relationship between the 6th Amendment and police...
The relationship between the Sixth Amendment and police interrogationsBREWER v. WILLIAMS (WILLIAMS I), 430 US 387, 97 S.CT. 1232, 51 L.Ed 424 (1977). The deceased, Pamela Powers, was on a family vacation at the YMCA in Des Moines, Iowa. A search was conducted in an attempt to find Powers when she failed to return from her trip to the bathroom. The defendant, Robert Williams, was an escaped mental patient who resided at the YMCA where Powers' family vacationed. A witness spotted the defendant carrying a large package with two white legs sticking out. The defendant's attorney went to a De Moines police station where he informed officers that he had received a phone call from Williams regarding what he had done. The attorney, Henry McKnight, advised Williams to turn himself in, which he did the next morning. He was arrested and charged by Davenport authorities and given his Miranda warnings. Williams also had advice in Davenport. Police Detective Leaming was ordered to pick up Williams in Davenport and bring him to Des Moines. Both attorneys urged Williams not to discuss Pamela Powers with police in the car ride until after consulting with McKnight in Des Moines. An agreement was reached between McKnight and Detective Leaming that Leaming would not question the defendant without an attorney regarding the deceased during the trip. Leaming and Williams were repeatedly reminded not to speak about Ms. Powers until the board was present. During the trip back to Des Moines, Williams told the office that he would tell the whole story when he saw his lawyer. The detective used his knowledge of the defendant's religious background to deliver his "Christian funeral speech." This speech suggested that Williams should confide ... middle of paper ... his investigation can also be considered a violation (Holland, 2009). ReferenceDel Carmen, RV, & Walker, JT (October 12, 2011).Top 10 of Police Series Cases, Part 1. Retrieved from http://www.lawofficer.com/article/training/top-10-cases-police-series-parHolland, B. (2009). A sixth relational amendment during interrogation. The Journal of Criminal Law and Criminology, 2(99), 381-434. Retrieved from http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7321&context=jclc Kamisar, Y., LaFave, WR, Israel, JH, King, NJ, Kerr, OS and Primus, EB (2012 ). Basic criminal procedure: cases, comments and questions. (13th ed., pp. 739-746). St. Paul, MN: West. Standler, R.B. (2010). “Christian Burial Speech” in Brewer v. Williams [PDF file]. Available at http://www.rbs2.com/cbs.pdf