Green Vs Ortiz Case Summary

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When determining the characteristics of the accused, under the totality of circumstances The Second Circuit analysis the accused individual experience, background, age, education and intelligence. Green v. Scully, 850 F.2d 901 (2d Cir. 1988). In Green, the court ruled Green’s confession as voluntary. Id. at 894. The court describes Green’s charter: a twenty-three-year-old who had familiarity with the criminal system, street-smart with above average intelligence. Id. at 902. Moreover, in Ortiz, the court ruled Ortiz’s confession was voluntary. Ortiz v. Kelly, 687 F.Supp. 64 (E.D.N.Y 1988). The court describes Ortiz characteristics as an adult familiar with the criminal system, had the capacity to reason, think, and be at his own will. Id. at 66. Therefore, Ortiz’s characteristics did not impair his confession. Id. However, the court in Lewis held that Lewis conviction for bank robbery might have been coerced into an involuntary confession. Lewis v. Henderson, 520 F.2d 896 (2d Cir. 1975). The court used the combination of Lewis’ s …show more content…

Like in Green and Ortiz, Kendal is an adult, twenty-five-years-old, and with some higher education, three semesters of college. Additionally, just as in Green and Ortiz, Kendal has been arrested before. However, unlike Green and Ortiz, where the defendants’ were involved in the criminal system on similar accounts, Kendal’s prior arrest was at a rally protesting the Iraq war. Like in Quartararo, Kendal began to cry during interrogation. (459)In Ortiz, the court found that Ortiz was not under the influence of intoxicating substance during interrogation; however, the court may find Kendal under the influence because she seemed “kind of dazed,” was sleep with slow speech. Therefore, unless it is found that she was intoxicated at the time of interrogation, the court is likely to rule Kendal’s characteristics do not lead to an involuntary

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