5th Amendment Analysis of the Brandon Case (Provided)

Assignment: In this case, you will continue with your role as either prosecution or defense for your assigned case. You will prepare a written essay in support of your position and then one member of your team will argue your position during a motion hearing before the court. You must determine what 5th Amendment, Self-Incrimination, issues are present in your case. EVERY MEMBER OF THE GROUP MUST SUBMIT THEIR OWN, INDIVIDUAL ESSAY. ONLY ONE MEMBER OF EACH GROUP WILL BE DOING THE ORAL ARGUMENT. Purpose: This exercise is designed to meet several of the course goals. First, you will improve your analytical skills when make the best argument for your assigned side and when you prepare to address the other side’s argument. Second, you will develop an understanding of the law and legal processes of the criminal justice system and the type of constitutional arguments frequently involved at a court martial. Third, you will develop your oral and written skills by practicing writing and arguing before a panel of judges. Finally, this exercise will develop practical skills to help you succeed in the Air Force as you prepare for briefing a controversial topic and respond to questions in a professional manner. Written Essay: The essay will be in essay format and will include all elements of the IRAC model used in previous essays. However, the paragraph commonly entitled “Analysis” will be changed to the word “Argument.” You will make a full argument on the facts and law in this section of the memorandum. Do not forget: a good argument strongly advocates for your client while also displaying critical thinking by recognizing, and responding to, your opponent’s likely positions. In this particular case, defense counsel is moving to suppress evidence in order to keep it from being used in a trial by showing that it was gathered illegally. Trial counsel (prosecutors) will argue that the evidence was obtained legally and is, therefore, admissible at trial. Depending on the criminal case, a successful suppression motion may result in the charges against the defendant being dismissed if no criminal evidence remains after the court grants the motion(s). The essay should be 12pt, Times New Roman, double spaced, and should not exceed 5 pages. (This does not mean it needs to be 5 pages. Use as many words as you need to give a good, thorough, argument, but not more. Turning in the Written Essay: Turn in the written portion of this assignment online via Blackboard NLT 2359 hours on 13 November. This will give you time to edit your IRAC after your oral argument to account for anything you may have missed. Motion Hearing: The Motion hearing will proceed in the following order: a. Argument of motion to suppress by Defense Counsel along with a specific request to reserve 2 minutes for rebuttal if desired (approximately 6 minutes including questions from the judge); b. Argument by Trial Counsel (prosecutor) in response to the Defense motion to suppress (approximately 8 minutes including questions from the judge); and c. If rebuttal was requested: Defense Counsel’s opportunity to respond to arguments made by the Prosecution (approximately 2 minutes including questions from the judge)