Compare and contrast the Miranda rights and those the Supreme Court applied in the Massiah case for suspects who have been indicted. Poorly phrased and
What will be an ideal response?
Officers must give the Miranda warnings prior to custodial interrogation. In the case of a suspect who waives the Miranda rights, he/she retains the right to demand that the questioning stop and/or request an attorney. These rights can be asserted at any time. The Miranda rights apply as long as the suspect is in custody. Once the suspect is released, a Miranda wavier is not required.
In Massiah v. United States, the Supreme Court held that interrogation of a defendant who had been indicted and released on bail violated the right to counsel that applies from arraignment through trial and sentencing. A later decision (Illinois v. Patterson (1988)) held that a Miranda warnings and subsequent waiver was adequate to waive the Massiah rights. This waiver can be done without an attorney present.
Prior to arraignment, only Miranda applies; if the suspect is not in custody, he/she has no right to be warned about applicable constitutional rights. If the defendant is in custody, including being in jail awaiting arraignment or indictment, the Miranda rights apply. If the defendant remains in custody after arraignment, both Miranda and Massiah apply; a Miranda waiver can waive both rights. If the defendant is released from custody prior to trial, only the Massiah rights apply.
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Answer the following statement true (T) or false (F)
A political protest that turned riotous after the military was brought in to quell it was referred to as the ________
A) Wichersham Protest of 1801 B) Peterloo Massacre of 1819 C) Posse Comitatus Act of 1878 D) Waterloo Massacre of 1812
Under the _____ type of legal profession, all legal professionals are considered to have the basic knowledge and training to participate in any of the various fields of law (e. g., criminal, tax, corporate)
Fill in the blank(s) with the appropriate word(s).
According to Mulvey and Iselin (2008), most adolescent crime is the product of _______
Fill in the blank(s) with correct word