Report to the Attorney General on the Sixth Amendment Right to Counsel Under the Massiah Line of Cases
U.S. Department of Justice, Office of Legal Policy, 1986 - Constitutional amendments - 39 pages
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absence of counsel accused addition administrative admissions agent Alabama already alternative apparent application argue argument assistance of counsel attorney basis believe Burger charged concerning conduct confession confrontation considerations constitutional context continue conviction Court created crime criminal critical decisions defendant defendant’s deliberately Department deterrent dissenting effective efforts elicit eliminating enforcement evidence exclusion existing fact fairness federal Fifth formally charged Fourth Amendment guilt Henry historical holding incriminating statements indicted indicted defendant interpretation interrogation investigations involved judicial Justice legislative legitimate limited logic Maine Massiah doctrine Massiah’s exclusionary rule merely Michigan Miranda Moreover Moulton necessary obtain incriminating obtained offense opinion person police post-indictment Powell pre-trial prevent prior procedures proceedings prohibition prosecution protect questioned reason Rehnquist reliable Report requirements right to counsel situation Sixth Amendment right statute strategy suggested suppression supra note suspect techniques trial truth United violation voluntary