POLS 4720 Lecture Notes - Lecture 11: Arraignment
28 Mar 2018
School
Department
Course
Professor
Document Summary
The sixth amendment waiver is not knowing and voluntary where the accused has requested counsel and the police have attempted to deliberately elicit statements. Respondents, at separate arraignments in a michigan trial court on unrelated murder charges, each requested appointment of counsel. But before respondents had an opportunity to consult with counsel, police officers, after advising respondents of their miranda rights, questioned them and obtained confessions. Both respondents were convicted over objections to the admission of the confessions in evidence. If police initiate an interrogation after a defendant"s assertion of his right to counsel at an arraignment or similar proceeding, as in these cases, any waiver of that right for that police-initiated interrogation is invalid. After being informed by police that he had been indicted for murder, petitioner, who was in police custody, twice indicated his willingness to discuss the crime during interviews initiated by the authorities.
