Criminal Procedure: Massiah Question
Posted: Sun Dec 06, 2015 4:19 pm
Hey everyone,
If anyone can help me with this question. I have a final tomorrow and I'm confused about one part of the Massiah doctrine and can't find the answer anywhere.
At what point does the Massiah take effect. I understand that it's once criminal proceedings are brought against you (i.e., formal charges, indictment, arraignment), but do you also have to have already invoked your right to counsel at some point prior to the government agents deliberately eliciting incriminating statement against you? Or is simply having criminal proceeding against you enough that the police can't deliberately try to elicit incriminating statements from you without making their actions known to you and securing a valid waiver of your right to counsel?
Thanks in advance for any help...
If anyone can help me with this question. I have a final tomorrow and I'm confused about one part of the Massiah doctrine and can't find the answer anywhere.
At what point does the Massiah take effect. I understand that it's once criminal proceedings are brought against you (i.e., formal charges, indictment, arraignment), but do you also have to have already invoked your right to counsel at some point prior to the government agents deliberately eliciting incriminating statement against you? Or is simply having criminal proceeding against you enough that the police can't deliberately try to elicit incriminating statements from you without making their actions known to you and securing a valid waiver of your right to counsel?
Thanks in advance for any help...