Once the suspect is "the accused," and the right to counsel has been attached, the suspect cannot be interrogated by any means, including by undercover officers or secretive means. Only when the suspect openly volunteers information and waives a lawyer, can information after he is "the accused" be used against him or her. This even applies when a suspect is out of jail on bail awaiting trial. These methods cannot be used to obtain additional evidence, or the Sixth Amendment will be violated, and the evidence will not hold up in court. In addition, officers must know the suspect's condition and status at all times, and if they do not, they must assume the suspect falls under Sixth Amendment rights. Obviously, there are several precautions necessary when dealing with the thorny problems of the Sixth Amendment. Officers must be constantly aware of the suspect's rights, and of the moment when the suspect becomes "the accused," as so attaches to the Sixth Amendment. Officers must take extreme precautions to administer Miranda, admit an attorney, and make absolutely sure a suspect has indeed fully waived his right to counsel when questioning any suspect. It must be remembered that interrogation and the Sixth Amendment is just one aspect of the Amendment. Its' purpose is to guarantee a fair and speedy trial for all accused, and following the Sixth Amendment to the letter helps this goal. This, law enforcement...
The Supreme Court notes, "any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him"
Troy Stone is showing how the police engaged in questionable tactics. This is based upon the fact that they have a witness who identified him. Yet, they were not able to come up with any corroborating evidence to directly link him to the murder. To make matters worse, they violated his constitutional rights in the process. These issues are highlighting how there were questionable tactics used to obtain the
Montejo v. Louisiana, 556 U.S. 778, 129 S. Ct. 2079, 173 L. Ed. 2D 955 Jesse Montejo and Jerry Moore were interrupted during a burglary by the owner of the residence, Lewis Ferrari (U.S. Supreme Court, 2009). Montejo was picked up for questioning the next day and after waiving his rights under Miranda v. Arizona (384 U.S. 436, 1966), admitted to shooting and killing Lewis Ferrari during the burglary. When Montejo
Civil Rights and Police Departments The outline for basic civil rights in America is deceptively simple and straightforward; it appears in the Bill of Rights, with a concentration on the Fourth, Fifth, Sixth, and Eighth Amendments. Taken together, these amendments govern the ability of the government to conduct searches and seizures, dictate the rules required for arrest, guarantee the right to remain silent, provide the right to an attorney, and prohibit
The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have
Miranda Rights Miranda THE PROS AND CONS OF THE MIRANDA RIGHTS Protection against self-incrimination is undoubtedly one of the most basic rights as described in the laws and codes of the American legal system. In the past, this right was often completely abridged, for those that were accused of a crime would be forced to confess their guilt through various forms of torture. But under American law, the protection against self-incrimination infers that
The Court also stated that if an individual indicates at any time that he wants to remain silent, the interrogation must stop; any statement taken after this time is the product of compulsion. Silence can never constitute a valid waiver. Dissent: Justice Clark's dissented in three of the decisions, but concurred in one. He found that police coercion was not sufficiently established to justify the extent of the majority's decision.
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