John is a 38-year-old, single, Caucasian male who has been brain damaged from birth and has mild mental retardation. He has severe memory deficits as a result of the brain damage. He is, as a result of his retardation, very complacent and eager to please. He is taken into custody and questioned about the arson of a rooming house in which he lived. John denies committing the offense. The police tell him that they have always been his friend, that friends have to be honest with each other, that they are being 100% honest with him and that he will feel better when he “gets it off” his chest. John insists he did not set the fire. The police say that they have three witnesses who can place him at the scene, when in fact there are no such witnesses. John waivers. He knows he has memory problems and reasons that the police, who were his friends, would never lie to him. He states that he has memory problems, and maybe he set the fire but does not remember it. John is then arrested and charged with arson.
Note: Competency to Waive Miranda rights
Miranda v. Arizona, 384 U.S. 436 (1966)
(U.S. Supreme Court-FINDLAW)
Competency to Confess
Colorado v. Connelly, 107 S. Ct. 115 (1986)
Answer Concise; no longer than one page per question, double-spaced. APA STYLE