Interrogation in the Swamp

Trial Magazine, p. 56, February 2009

Indiana Legal Studies Research Paper No. 130

7 Pages Posted: 26 Mar 2009 Last revised: 1 Jul 2013

Craig Bradley

Indiana University Maurer School of Law

Abstract

This article discusses Montejo v. Louisiana, currently pending in the Supreme Court. In Montejo, the defendant was arraigned for murder and counsel was appointed. Subsequently the police got him to write a letter to the victim's wife in which he made incriminating statements. The issue is whether the police can question such a defendant without going through counsel. This issue raises questions under both the Fifth and Sixth Amendments.

Keywords: Criminal Procedure, Fifth and Sixth Amendments, Right to Counsel, Interrogation

Suggested Citation

Bradley, Craig, Interrogation in the Swamp. Trial Magazine, p. 56, February 2009; Indiana Legal Studies Research Paper No. 130. Available at SSRN: https://ssrn.com/abstract=1367880

Craig Bradley (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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