CASE 11.1
Smith is sleeping when the police knock on his door to question him regarding a kidnapping and rape. The police take him to the station because he doesn't want to talk in front of his wife. He is put in a lineup, but the victim is unable to identify him. In the interrogation room, Smith asked how he did, and the detective replied, "You flunked." After two hours of questioning, he signed a written confession admitting guilt. At his subsequent trial, the only prosecution exhibit was the signed confession. The jury quickly returned guilty verdicts for kidnapping and rape.
Why might Smith's conviction be overturned?
A. His constitutional rights were violated.
B. He confessed due to duress.
C. His conviction would not be overturned.
D. He was not given advice about his constitutional rights.
Answer: D
Criminal Justice
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