Case Analysis : ' Jack Hernandez ' Murder

2417 Words Sep 28th, 2015 10 Pages
TO: Clifford Roberson, LLM, PhD.
FROM: LaKenya Rapley
DATE: September 29, 2015
RE: Jack Hernandez; Murder
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QUESTION PRESENTED: Whether Hernandez can be questioned without a lawyer for a crime committed outside the United States and his current state of incarceration by international authorities, then Mirandized in a “non-native” language, while serving time for a separate crime, which was trespassing, if there is an attorney of record but not present at the time. a.) Hernandez was wanted for questioning in the murder of his former roommate in Texas and b.) After being sentenced for a separate crime in Missouri, trespassing, he was improperly questioned, Mirandized and detained as a result of his excited utterance due to a language barrier. The question is whether the Missouri officials and Canadian authorities had the right to question Hernandez while imprisoned to satisfy his Due Process rights.
BRIEF ANSWER: For the most part, no. Although Hernandez is a Canadian, Canadian officials cannot come to the United States to question him while he is incarcerated in the American prison system. Under the 6th Amendment, it states that,

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law,…
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