Jim is indicted for a crime.Before he is arrested,he confesses to the crime in a conversation with Kelly,the arresting officer.Kelly then arrests Jim and advises him of the right to counsel.Jim waives the right and repeats his confession.Later,Jim claims that his initial statement should be excluded as evidence from his trial.The statement will most likely be

Question

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Jim's initial confession should be excluded as evidence because it was elicited before he was advised of his right to counsel. This is a violation of his Fifth Amendment rights under Miranda v. Arizona. However, his later confession can still be used as evidence because he waived his right to counsel and repeated the confession after being advised of his rights.

Jim Is Indicted for a Crime