Interrogation in the Swamp
Indiana University Maurer School of Law
Trial Magazine, p. 56, February 2009
Indiana Legal Studies Research Paper No. 130
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.
Number of Pages in PDF File: 7
Keywords: Criminal Procedure, Fifth and Sixth Amendments, Right to Counsel, Interrogation
Date posted: March 26, 2009 ; Last revised: July 1, 2013