United States V. Kozminski Case Summary

The legal issue of whether Victor’s mental disability, medication, and Attention Deficient Disorder (ADD) was crucial information as to why, he committed the crime. In the case of United States v. Kozminski (1988) two men with mental disbalitlies where held to work for low or no wages and threatened and physiologically coerced to stay on the farm to work. The courts agreed that the men were coerced due to their mental incapacity. The act of coercion kept the men captive at the farm. In understand, how simple it was to coerce two adult men with mental disabilities to stay and work at a farm, one can easily understand how a 13 year old with a mental disability can be coerced in to committing a crime. Victor is 13 years old with an unstable mental capacity that wants to fit in as any normal adolescent boy would want to. Benny with possible knowledge of Victor’s disability to advantage, pressured and or intimidated him to take the gun and commit the crime. The courts will most likely agree …show more content…
In regards to Victor’s illegal arrest, it was held in Payton v. New York,(445 U.S. 573 1980), that a suspect should not be arrested in his house without an arrest warrant, even though there is probable cause to arrest him. The court’s decision was not to protect the person of the suspect but to protect his home from entry in the absence of a magistrate's finding of probable cause. The court held that Olson's warrantless arrest was illegal because he had a sufficient connection with the premises to be treated like a householder. Victor was simply hiding in his home, police officers had the ability to get an arrest warrant because they had video surveillance that victor was in fact the shooter and knew his where about after the shooting. The courts will up hold the unlawful arrest of victor because there was not an exigent circumstance, no evidence was being destroyed or any one being injured in the