Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 6, Problem 10CP
Summary Introduction

Case summary:

Four separate cases involving factual situations were consolidated because they presented the same constitutional question. In each case, the defendants were prosecuted, made to confess and sign a statement of admission of guilt. Defendants argued that they were not warned of their constitutional rights before interrogations therefore they were violated of their Fifth Amendment privilege against self-incrimination.

To discuss: If constitutional rights of the defendants were violated.

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Students have asked these similar questions
discuss the concept of the effective assistance of counsel, why the Court looks at the concept of ineffective assistance of counsel, and what the defendant must prove in order for the court to determine if the defendant lacked the effective assistance of counsel.
In the case, Zankel v. United States (You Be the Judge in textbook section 28-2c), one of the government's main arguments against liability was that:     1)  Dreyer had permission to drive the government's car, but was off duty at the time of the accident.   2)  Dreyer was commuting to work at the time of the accident and was, therefore, not within the scope of employment when it happened.   3)  Zankel was contributorily negligent, relieving both Dreyer and the government of liability.   4)  Dreyer was following all of the applicable traffic laws at the time of the accident.
Describe the two major requirements that the government must prove to establish that a defendant engaged in a pattern of racketeering activity.
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