Burdens of proof and persuasion — MCQs

Using only the supplied file and legal resources, draft a persuasive argument section supporting dismissal of the aggravated-assault charge. Explain the relationship between the first and second offenses, address the government's separate-sovereigns and mistrial arguments, and state the appropriate requested relief.

Police arrested a warehouse employee for a completed theft and brought her to a station interview room. Before any criminal charge or court appearance, officers gave complete Miranda warnings, and the employee stated that she understood them. She then said, "I might need a lawyer if this gets serious." An officer replied, "The decision is yours," and asked whether she had taken the missing equipment. She confessed. No threats or promises were made, and the interview lasted 20 minutes. Defense counsel moves to suppress the confession under both Miranda and the Sixth Amendment right to counsel. Is the court likely to grant the motion?

A warehouse employee learned that a coworker planned to set fire to a storage shed containing outdated inventory after closing in order to collect insurance proceeds. Wanting the arson to succeed, the employee texted the coworker the alarm code and explained that the security guard usually left at 10:15 p.m. The coworker replied, “Perfect. I’ll do it tonight.” Before the coworker entered the warehouse, the employee became frightened and texted, “Forget it. I’m out.” The employee did not notify the warehouse or otherwise try to prevent the arson. The coworker entered using the code and set fire to the shed. The prosecution has charged the employee as an accomplice to the completed arson. Under generally accepted principles of accomplice liability, which of the following is the strongest conclusion?