Chapter 23- Right To Counsel Article 12

Question 1

What does Article 12 pertain to?

Answer 1

Right to counsel when incriminating remarks about a defendant’s pending charges are obtained by police agents

Article 12 emphasizes the right to legal representation in the context of police questioning.

Question 2

What constitutes ‘State Action’ in the context of Article 12?

Answer 2

A statement made to someone with no police connection does not violate Article 12

An example includes a newspaper reporter asking questions, which is not a violation.

Question 3

Is Article 12 offense specific?

Answer 3

Yes, it is offense specific to offenses that are pending post arraignment or indictment

This means that questioning can occur about other offenses that are not pending.

Question 4

Can police question a defendant about other offenses while they are awaiting trial for a pending offense?

Answer 4

Yes, police can question about other offenses that are not pending

For instance, questioning occurred while a defendant awaited trial for unarmed robbery.

Question 5

Fill in the blank: Article 12 is _______ specific to offenses that are pending post arraignment or indictment.

Answer 5

offense

Question 6

True or False: A newspaper reporter’s inquiry can violate Article 12.

Answer 6

False

Inquiry by individuals with no police connection does not violate the defendant’s rights under Article 12.

Question 7

What must happen when an accused asserts the right to counsel?

Answer 7

All interrogation concerning the charges must stop

This is a fundamental right to ensure fair legal representation.

Question 8

What is the consequence if a defendant asserts the right to an attorney at arraignment?

Answer 8

Police are ABSOLUTELY BARRED from initiating interrogation UNLESS COUNSEL PRESENT

Any statements made in violation of this right are suppressed.

Question 9

What should police avoid doing when a defendant is in a cell block?

Answer 9

Listening to conversations between the defendant and their attorney

Police should monitor by sight instead.

Question 10

What is prohibited regarding comments about defense attorneys to suspects?

Answer 10

Do not bad mouth the defense attorney to the suspect

This ensures that the defendant’s right to counsel is respected.

Question 11

True or False: Police can continue to interrogate a suspect who has asserted their right to counsel.

Answer 11

False

Interrogation must cease immediately upon assertion of the right.

Question 12

Fill in the blank: If statements are made in violation of the defendant’s right to counsel, they are _______.

Answer 12

suppressed

This is to protect the integrity of the legal process.

Question 13

What is the legal status of interrogation if a defendant has not asserted their right to counsel?

Answer 13

Interrogation may continue

However, ethical considerations should still guide police conduct.

Question 14

While in jail waiting for trial for unarmed robbery police go to prison and question suspect about truck robbery

Answer 14

Good

Question 15

Officers go to jail to speak to suspect who stole car and ask about other car thefts

Answer 15

Good

Question 16

What should police not do in a pending case?

Answer 16

Intervene to offer help without consulting counsel

Question 17

What must occur for an informant to become an agent?

Answer 17

The government must solicit them

Question 18

Is a rogue inmate who provides information to law enforcement considered an agent?

Answer 18

No, unless the government solicits them

Question 19

Does telling an inmate to ‘keep his ears open’ make him an agent?

Answer 19

No

Question 20

What happens if an investigator or prosecutor recruits a jailhouse informant without targeting a specific person?

Answer 20

Article 12 is violated

This refers to the prohibition against soliciting information that could lead to wrongful convictions or unfair treatment.

Question 21

Is a past informant automatically considered a current informant?

Answer 21

No, past informants do not become current informants without solicitation

A past informant providing information without being solicited is not in violation of Article 12.

Question 22

What must be obtained if an accused independently asks to talk to the police?

Answer 22

Article 12 waiver

This waiver protects the rights of the accused during police interrogations.

Question 23

What was the outcome when troopers served a murder indictment and the suspect wanted to talk?

Answer 23

They obtained a Miranda waiver, which worked as an Article 12 waiver

This indicates that the suspect’s rights were preserved while allowing the conversation to proceed.

Question 24

Are court officers covered by Article 12?

Answer 24

Yes

This means court officers must adhere to the same legal standards regarding informants.

Question 25

Are DC workers covered by Article 12?

Answer 25

Yes

This includes all officials involved in the judicial process.

Question 26

Fill in the blank: A jailhouse informant who made a deal with attorneys for a lesser sentence and talked to a murder suspect is considered _______.

Answer 26

NO GOOD

This indicates a violation of ethical or legal standards.

Question 27

Fill in the blank: An inmate who was an informant in the past provides info and gets a reduced sentence, but was not solicited this time is considered _______.

Answer 27

GOOD

This reflects compliance with the legal standards of informant use.