Legal Case Study: Infliction of Emotional Distress and Miranda Rights

Assignment 8 Facts

Assignment 8 Facts: Terry, a bill collector, has been attempting to collect a bill from Client. Every other evening for the past two weeks, he has called Client at home after 8:30 p.m. and threatened to call her employer and inform him that she refuses to pay her bills. On every Monday, Wednesday, and Friday during the two-week period, he has called Client at work. Client repeatedly requested that Terry stop calling her at work. On the past two Saturdays, he has personally come by her home and threatened to sue her and throw her in jail. Rule of Law: Infliction of emotional distress—extreme or outrageous conduct that causes severe emotional distress. Assignment: The researcher’s assignment is to determine if the actions of the bill collector constitute “extreme or outrageous conduct.” Discuss the assignment from the perspective of individual key facts and from the perspective of a group of facts. Assignment 10 Facts: Joe, a 14 year old, was at a party. At 12:30 a.m., he was sitting on the steps to the apartment where the party was occurring when he saw two police cars arrive. He yelled to the party-goers, “5-0.” Joe remained sitting outside as the police approached. An officer took Joe to a police car and sat him in the back seat. The offer asked Joe his name, date of birth, address, and his parents’ names and phone number. The officer cited Joe for the curfew violation. Rule of Law: A person subject to a custodial interrogation must be given Miranda rights before the questioning begins. “Custody” is defined as a reasonable person’s liberty is retrained to the extent they believe they are not free to leave. “Interrogation” is defined as being asked any questions that would likely lead to an answer that would incriminate oneself. The curfew law states a person under the age of 15 who is outside their residence past 11:00 p.m. without the presence of a parent, guardian, or supervising adult, is a delinquent youth. Assignment: The researcher’s assignment is to determine if the officer should have read Joe the Miranda warning before questioning him.