In a trial, how do argue that a mentally impaired person who confessed after waiving

  • Thread starter Thread starter Kiera S
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Kiera S

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miranda right cant? In a trial, how do argue that a mentally impaired person who confessed after waiving miranda right cant suppress the evidence obtained from that confession in trial? This is for a class project
 
A mentally impaired person likely doesn't have the capacity to comprehend what miranda rights are or what the consequences of their statement is. Without legal representation then the confession would be invalid and have to be thrown out.
 
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