Missouri Vs Seibert Case Study

Assignment One
1. In the case of Missouri v. Seibert, the court examines the death of Mrs. Seibert’s son, Johnathon who was mentally handicapped and neglected by his mother. When she noticed her son had died in his bed, she knew he was to be covered in bed sores, and she believed the police would see the neglect. She created a plan with her other two sons and their friends to light the home on fire. This would cover up the neglect, since his body would be burned, and they also left Donald Rector, a mentally ill teenager, in the home to make it seem as if Johnathon was being cared for at that time. Due to their plan, Donald had passed away in the fire. Her son Darian, had received burn wounds and was in the hospital receiving care, when five days later Mrs. Siebert was questioned by the police on the death of her son. She was arrested by Officer Clinton, and taken in the station. He was ordered by Officer Hanrahan to not give the woman Miranda Warnings, and instead follow a question first, then give warnings technique. He questioned Mrs. Seibert for thirty to forty minutes, and had asked her questions about how she though Donald was to die, as well as the agreement made with the boys about Donald. She was charged with first degree murder for the death of Donald, but she was looking to have her pre and post warning statements revoked from

The Missouri v. Seibert case does not overrule Oregon v. Elstad. Instead this case decides on when the ruling or decision made in Elstad would be applicable. Officers should now be able to look at situations and decide when it is an appropriate time to give Miranda Warnings. It also guides officers in making sure to give the speech to the defendant before interrogation has happened, or when it may be a situation that could count as a form of interrogation. If there is a second interrogation, the defendant should have the rights read before to keep both sets of information given from being inadmissible in the