The center of a circle can never be identified with a single line running through the shape. There must be several lines, each of which makes it clearer where the center of the circle is. Similarly, the murderer in a case can never be indicted with just one piece of evidence pointing to him. There must be multiple clues, each making it clearer who the killer is. When Orestes Fulminante confessed to the first-degree murder of his stepdaughter, Jeneane Fulminante, the district court used his confession as evidence to sentence him to death. However, because his confession was “coerced,” the Supreme Court decided to retry Fulminante's case without using the “coerced” confession as evidence. Arizona v. It fulminantly manifests an undeniably vital constitutional issue. Were his confessions coerced and, therefore, inadmissible as evidence (Appleby 119)? Did the district court properly administer the totality of the circumstances test, as well as the harmless error analysis (“Arizona v. Fulminante.” Oyez.org)? Fulminante's forced confession should be prevented from being used as evidence against him. If there wasn't enough evidence other than the confession, there wasn't enough evidence to convict him of first degree murder. Using the confession as evidence against him was a violation of his right to due process of law and the Fifth and Fourteenth Amendments. Key to consider is the fact that the use of a forced confession is similar to the use of incorrect information. The case Arizona v. Fulminante has involved an inordinate amount of debate regarding the forced confessions declared by Orestes Fulminante. When Fulminante reported the disappearance of her stepdaughter Jeneane Fulminante on September 14, 1982, Jeneane's death b...... middle of paper ...... er for the victim of the case? The answer is patent. No, it's not feasible. It is not feasible, since Fulminante was forced unjustly. Works Cited Appleby, Joyce. The American Journey: Supreme Court Case Studies. New York, NY: Glencoe/ McGraw-Hill, 2007. 119-120. Press. "Arizona v. Fulminante". Lawschool.courtroomview.com. Courtroom Connect, Inc., 2011. Web. March 21, 2011. “Arizona v. Fulminante.” Oyez.org. Oyez, Inc., 2005-2011. Network. March 27, 2011. "Arizona v. Fulminant Meaning." Law.jrank.org. Net Industries, 2011. Web. March 21, 2011. "Arizona v. Fulminante (89-839), 499 US 279 (1991)." Law.cornell.edu. Cornell University School of Law, 2011. Web. March 27, 2011. “Harmless Error.” Dizionario-legale.thefreedictionary.com. Farlex, Inc., 2011. Web. March 27, 2011. “Constitution of the United States.” Lectlaw.com. The Electrical Law Library, 1995-2011. Network. March 27 2011.
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