Learning Goal: I’m working on a law exercise and need an explanation and answer to help me learn.
Lola Lapidist works at SouthMiddle Shipping Corporation, unloading the shipping containers from the delivery trucks, and depositing checks each evening into the company’s bank account. Quinn Convict, owner of a competing business, asks Lola is she would provide SounthMiddle’s customer list to Quinn if he paid Lola a “finder’s fee”. Lola agrees and delivers the customer list to Quinn a week later. Lola also transfer some of SouthMiddle’s petty cash into her own bank account.
Question 1 (Rules and Application): Describe, and define, two crimes Lola Lapidist is most likely to be charged with, if caught. Answer must be written in complete sentences, in paragraph format.
The owner of SouthMiddle Shipping Corporation discovers that his customer list has been obtained by a competitor, and calls police. Police obtain probable cause against Lola, obtain an arrest warrant, arrest her, and bring her to police station for questioning. Police read Lola her constitutional rights and, when asked if she waives them, Lola said yes and signed a waiver .Lola then confesses to the crime. Her attorney, in preparing for trial, discovers that Lola has been diagnosed with a severe learning disability, and her IQ is only 65, considered severe mental deficit. Individuals with this IQ often have difficult understanding abstract concepts, for example.
Question 2 (Rule and Application): Discuss what constitutional argument (discussed in both lecture and textbook) Lola’s attorney will assert, in order to get Lola’s confession banned from her trial. What evidence (stated in the fact above) will the attorney use to make that argument? Note: There is no evidence Lola is insane, thus insanity is not a valid argument. You Must use case law support (as discussed in class and in the text book) to explain your answer, including the full tittle of the case and year decided*. Lastly, is there any evidence(stated in the facts above) that the prosecutor may offer to overcome Lola’s constitutional argument? Answer must be written in complete sentences, in paragraph format.
*Remember from our work early in this semester that legal decisions must be supported by precedent. Thus, You must identify a relevant U.S Supreme Court case (by full name and year decided) that we discuss in class and is in the textbook that is relevant and would be binding on this court in this case. Once you have identified the case, your answer must show how the facts and holding of that case supports your argument regarding Lola’s constitutional argument.