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The On The New Murder Trial

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QUESTION PRESENTED: Whether Mr. Jack Hernandez’s statements made during the interrogation can be used against him in the new murder trial. Hernandez was initially wanted for questioning in the murder of his former roommate in Texas and after being sentenced for a separate crime in Missouri, he was improperly questioned, Mirandized and detained as a result of his excited utterance due to a language barrier. The question is whether the statements taken by Missouri officials and Canadian authorities will be allowed to be used in Hernandez’ Texas trial. BRIEF ANSWER: For the most part, no. The statements will not be admissible because the acts of the Canadian police force, who were working outside of their jurisdiction, are subject to the Canadian Charter. Because of that violation, the accused’s right to counsel and right to silence were hindered. These violations were blatant and the evidence would not have been otherwise been discovered thus rendering the trial unfair. Consequently, the evidence of Mr. Cook’s statement shall be excluded. 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 without following the rules set forth by the American justice system. Therefore his statements cannot be used against him. 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

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