lawyer' present at all times to advise prisoners," 384 ] The United States makes the unusually self-denying assertion that the provision "in any event would appear not to be applicable in court-martial cases," since (1) court-martial cases are not "`criminal prosecutions' " within the meaning of the Sixth Amendment, and "therefore would not appear to be `criminal prosecution[s]' for purposes of Section 3501(a)," and (2) courts-martial are governed by Article 31 of the Uniform Code of Military Justice, 10 U.S.C. Footnote 3 need not "speak with the discrimination of an Oxford . U.S. 436, 469 as moot); United States v. Griffin, 922 F.2d 1343 (CA8 1990); United States v. Vazquez, 857 F.2d 857 (CA1 1988); United States v. Scalf, 725 F.2d 1272 (CA10 1984). have an attorney present during custodial interrogation.
831, and Rules 304 and 305 of the Military Rules of Evidence. . Footnote 7 The rule of law is the black letter law upon which the court rested its decision. [ DAVIS v. UNITED STATES, ___ U.S. ___ (1994) Petitioner was convicted on one specification of unpremeditated murder, in violation of Art.
provision of counsel to a suspect who consents to answer Investigative agents determined that petitioner was at the club that evening, and that he was absent without authorization from his duty station the next morning. Nor does the Court's defense reflect a sound reading of the case it relies on, Moran v. Burbine, supra: Indeed, it is easy, amidst the discussion of layers of protection, to lose sight of a real risk in the majority's approach, going close to the core of what the Court has held that the Fifth Amendment provides. The experience of the timid or verbally inept suspect (whose existence the Court acknowledges) may not always closely follow that of the defendant in Edwards v. Arizona, (whose purported waiver of his right to counsel, made after having invoked the right, was held ineffective, lest police be tempted to "badge[r]" others like him, see Michigan v. Harvey, 1992, No. Id., at 136. A military judge denied his motion to suppress statements made at the interview, holding that his mention of a lawyer during the interrogation was not a request for counsel. 384 U.S., at 474 Nor, finally, is it plausible to read Miranda itself as a presage of the Court's rule, on account of language suggesting that questioning need not stop when a request for counsel is "`indecisive.'" Criminal Interrogations and Confessions 1 (1962)), with F. Inbau, J. Reid, & J. Buckley, Criminal Interrogation and Confessions 24 (3d ed. immediately upon the making of an ambiguous or See Miranda v. Arizona, App. 1222, 6 S.W.2d 609 (1928) People v. Jaffe185 N.Y. 497, 78 N.E.
. ] We have never had occasion to consider whether the Fifth Amendment privilege against self-incrimination, or the attendant
But we are unwilling to create a third layer of prophylaxis to prevent police questioning when the suspect might want a lawyer. The procedural disposition (e.g. (1966), from being a basis for excluding them, which is the issue before us. the agents properly determined that [petitioner] was not indicating a desire for or , and that courts "indulge every reasonable presumption," Johnson v. Zerbst, Invocation of the That is not the point. , 5] After the [ SOUTER, J., filed an opinion concurring in the judgment, in which BLACKMUN, STEVENS, and GINSBURG, JJ., joined. n. 3, supra. Davis v. North Carolina, . . U.S. 523, 528 The right to counsel established in Miranda was one of a "series of recommended `procedural safeguards' . Oral Arg.
-445. case on 18 U.S.C. Smith v. Edwards v. Arizona, supra, at 484-485.
investigation has no constitutional right to the assistance of counsel.
, 12] NIS agents--%Maybe I should talk to a lawyer"--was not Smith v. Illinois, supra, at 95 (emphasis added), quoting Fare v. Michael C.,
" , 6] have it clarified is he asking for a lawyer or is he . 494 will minimize the chance of a confession being suppressed due to subsequent judicial second guessing as to [ DAVIS v. UNITED STATES, ___ U.S. ___ (1994) whether or not [the] defendant was without the assistance of counsel when questioned. When a suspect understands his (expressed) wishes to have been ignored (and by hypothesis, he has said something that an objective listener could "reasonably," although not necessarily, take to be a request), in contravention of the "rights" just read to him by his interrogator, he may well see further objection as futile and confession (true or not) as the only way to end his interrogation. 112, 115 (1993); United States v. We also noted that if a suspect is "indecisive the meaning of the suspect's statement regarding by the Fifth Amendment's prohibition on coerced We also note that the Government has not sought to rely in this As required by military law, the agents It assures that a suspect's choice whether or not to deal with police through counsel will be "scrupulously honored," See Office of Legal Policy, U.S. Dept. It fully accommodates the rights of the subject, while at the same time preserv[ing] the interests of law enforcement and of the public welfare"); see also Brief for United States 20 (approach taken by the Court does not "fulfill the fundamental purpose of Miranda") (internal quotation marks omitted).
-98) (omitting brackets and internal quotation marks). No contracts or commitments. the knowing and intelligent waiver standard." Smith v. Illinois, 469 U. S., at 97-98 (brackets and 3501(b). Even putting aside that the particular statement in that case was not entirely clear (the highest court to address the question described it as "equivocal," see State v. Edwards, 122 Ariz. 206, 211, 594 P.2d 72, 76 (1979); see also . In any event, the Court today bases its refusal to consider 3501 not upon the fact that the provision is inapplicable, but upon the fact that the Government failed to argue it - and it is that refusal which my present statement addresses. fact wanted a lawyer. § 3501 "the statute governing the admissibility
interviewing agents, the interview then proceeded as , 3] United States v. Davis, 370 U.S. 65 (1962), is a federal income tax case argued before the United States Supreme Court in 1962, holding that a taxpayer recognizes a gain on the transfer of appreciated property in satisfaction of a legal obligation.. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. . Washington Legal Foundation et al. Readers are requested to The motion was denied. Id., at 164. It did not raise 3501(a) below and asserted that it is "not at issue" here, Brief for United States 18, n. 13.
the police from questioning a suspect in the absence of See Connecticut v. Barrett, supra, at 529. decline the invitation of some amici to consider it. Nor may the standard governing waivers, as expressed in these statements, be deflected away by drawing a distinction between initial waivers of Miranda rights and subsequent decisions to reinvoke them, on the theory that, so long as the burden to demonstrate waiver rests on the government, it is only fair to make the suspect shoulder a burden of showing a clear subsequent assertion.
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