Abstract

http://ssrn.com/abstract=1971834
 


 



Miranda Revisited: Broadening the Right to Counsel During Custodial Interrogation -- Commonwealth v. Sherman


Beth Cohen


Western New England University School of Law

1984

Suffolk University Law Review, Vol. 18, p. 99, 1984

Abstract:     
The judicially created Miranda protections require law enforcement officials to inform criminal suspects of their right to counsel prior to proceeding with custodial interrogation. In Commonwealth v. Sherman, the Supreme Judicial Court of Massachusetts considered whether a criminal defendant validly waived his right to counsel when a police officer failed to inform him that an attorney, appointed to represent him in an unrelated case, had requested to be present during his interrogation. Concluding that, under the peculiar circumstances of the case, the defendant did not voluntarily waive his right to counsel, the court suppressed the defendant's in-custody statements to police. Commonwealth v. Sherman strengthens procedural safeguards in the early, but vital, stages of the criminal justice process. The Sherman court decisively balanced the delicate relationship of attorneys, police, and criminal suspects by supplying a standard of conduct, beyond mere formality and procedural aquiescence, to include an element of personal responsibility. Fully realizing that criminal defendants facing custodial interrogation cannot meaningfully exercise their right to counsel without knowing all salient information, the court took precautions to protect a criminal defendant's rights. Commonwealth v. Sherman thus succeeds in maintaining a symmetry between the conflicting interests of law enforcement institutions and individual rights.

Number of Pages in PDF File: 8

Keywords: Miranda, right to counsel, custodial interrogation, constitutional law, criminal law

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Date posted: December 14, 2011  

Suggested Citation

Cohen, Beth, Miranda Revisited: Broadening the Right to Counsel During Custodial Interrogation -- Commonwealth v. Sherman (1984). Suffolk University Law Review, Vol. 18, p. 99, 1984. Available at SSRN: http://ssrn.com/abstract=1971834

Contact Information

Beth Cohen (Contact Author)
Western New England University School of Law ( email )
1215 Wilbraham Road
Springfield, MA 01119
United States

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