23. Right to Counsel under Article 12 Flashcards
In terms of the right to counsel, what is the difference between the fifth amendment and article 12?
The fifth amendment right to council applies when a suspect is subject to custodial interrogation
The Article 12 right to counsel prevents police interference with an accused legal defense, whether or not the defendant is in custody. (custody is irrelevant for article 12).
When does a violation of article 12 occur? (Right to counsel).
When police or a police agent deliberately obtain incriminating remarks about the defendants pending charges.
True or False?
Police and their agents are the only ones who can violate a suspect article 12 (right to counsel)
True. For example, a newspaper reporter could not reach the defendants right to counsel when he was interviewed in jail, awaiting trial. The reporter had no connection to law-enforcement.
True or False?
Article 12 (right to counsel) only applies to the specific offenses that a defendant has been arraigned or indicted on.
True. This means a suspect may (amazingly in Massachusetts ) still be interrogated about unrelated offenses. (For now).
The Article 12 right to counsel is this fundamental principle?
Offense specific. OK to ask a suspect about UNCHARGED crimes.
In Massachusetts, once the accused assert his rights to counsel what must immediately happen?
All interrogation must stop. Bright line rule, established by the SJC.
A waiver of this right violates this rule, and is invalid. The resulting statements will be automatically suppressed.
How does an informant become a police agent?
The government must solicit his cooperation.
Can I work with a Jailhouse informant even if the informant is not told to target any particular individual?
The SJC found right to counsel was violated because the informant had an agreement with the US attorney in this example.
What if the accused independently decides to speak with the police?
If he independently decides, then officers may obtain an article 12 waiver.
Nothing prevents a suspect charge with a crime and represented by counsel, from voluntarily choosing on his own, to speak with police in the absence of an attorney.
Although a defendant may later regret that decision.
If a suspect is speaking with counsel in a cell, police may monitor by sight, but to do this is also is illegal and unethical.
Listening.
True or False: A suspect that served as an informant in the past as a government agent means he remains in an informant status in the future?
FALSE
The Massachusetts’s Article 12 right to counsel is triggered when?
- A-Arrest warrant issued
- C-Complaint issued
- A-Arraigned or indicted.
ACA and/or I
The article 12 right to counsel in Massachusetts attached as when?
The suspect is arraigned or indicted.
