The Massiah Doctrine Flashcards
What is the Massiah Doctrine found in Massiah v. United States (1964)?
Once an individual is indicted on a crime, they have the right to an attorney (if they haven’t waived it) under the 6th amendment. For this specific crime, there is a “shield” around the defendant. Once this shield has been placed on the defendant for a crime, the state cannot deliberately elicit phrases regarding that crime.
What is the Massiah Doctrine limited to?
The rule is offense specific. So the defendant only has the protection for the specific crime which they were indicted.
What is the remedy for a Massiah violation?
All evidence obtained through the violation must be suppressed.
Under the Massiah Doctrine, if the police are after information about Crime B and gain information about Crime A in violation, can they use this information?
No. There is no good-faith exception to the Massiah Doctrine. This is because there would be way to much pressure on judges and allows for a bright line rule.
What does “deliberate elicitation” mean for the Massiah Doctrine?
Can mean almost anything. But it almost always requires a “secret agent” situation.
Can there be a “passive agent” that wouldn’t violate Massiah because they wouldn’t elicit the information at all?
SCOTUS says that hypothetically it would be possible to have a passive agent who did not elicit the information in any manner but it would be almost impossible.
What standard is the Massiah Doctrine held to when deciding if Crime A and Crime B are different crimes?
The same standard as Double Jeopardy. To prove there is no problem requires the state to show that the crimes require different elements.
