Massiah Doctrine; Self Incrimination

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Massiah Doctrine Self Incrimination
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Waivers (of Miranda) in fact

• Miranda valid waiver will not be presumed from
  silence after warnings
• Express waiver followed closely by statement
  could be valid
• NC v. Butler explicit statement not inevitably
  either necessary or sufficient
• Intelligent waiver can be found in situation
  where defendant did not expressly state as much.
• Devil is in the details

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Knowing and intelligent

• NC v. Butler obvious misunderstanding of law
  does not vitiate waiver
• Moran v. Burbine court not obligated to

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The Massiah Doctrine

• Sixth Amendment right to counsel violated when
  police deliberately elicit incriminating
  statement from individual after indictment and in
  absence of counsel

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Comparison to Miranda

• Applies out of custody, but only after formal
  charges
• Includes surreptitious approaches
• Deliberate elicitation v. Interrogation (US
  v. Henry ME v. Moulton Kuhlmann v. Wilson)
• Offense specific (McNeil v. WI TX v. Cobb)

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Comparison to Miranda contd

• FPT applies
• Waiver similar to Miranda
• Invocation like right to counsel under Miranda
  (Mi v. Jackson)
• Impeachment permissible (MI v. Harvey)

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Problem 8-44

• Good faith exception to Sixth Amendment
  violations?

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Problem 8-45

• Did police deliberately elicit incriminating
  information?

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Review of Approaches to Confessions

• Fourth Amendment (statement is fruit of illegal
  search or seizure)
• Due Process (Fifth Amendment)(Statement is
  involuntary)
• Miranda (Fifth Amendment)(statement is
  Miranda-violative)
• Sixth Amendment (statement violates right to
  counsel)

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Next time

• Self Incrimination outside of Interrogation, pp.
  718-759