The Police-Prosecutor Relationship and the No-Contact Rule: Conflicting Incentives after Montejo v. Louisiana and Maryland v. Shatzer

35 Pages Posted: 14 Aug 2012

Date Written: 2010

Abstract

Two recent cases decided in the last year, Montejo v. Louisiana and Maryland v. Shatzer, have been little noticed by commentators but together effect a significant change in the law of interrogation. Under the rules announced by the new cases, law-enforcement agents may now initiate uncounseled custodial contact with represented defendants in certain circumstances, including some in which a prosecutor is forbidden, under the ethical rules governing attorneys, from contacting the defendant, either personally or by proxy. This article is the first analysis of the new cases and their likely impact on criminal investigations. The article delineates the scope of the new constitutional rules and the likely points of divergence from the ethical rules, and highlights the potential problems this divergence may create in the particular context of the overlapping roles of police and prosecutors in investigating and prosecuting crime.

Suggested Citation

Mason, Caleb E., The Police-Prosecutor Relationship and the No-Contact Rule: Conflicting Incentives after Montejo v. Louisiana and Maryland v. Shatzer (2010). Cleveland State Law Review, Vol. 58, p. 747, 2010. Available at SSRN: https://ssrn.com/abstract=2128861

Caleb E. Mason (Contact Author)

Brown White & Osborn LLP ( email )

333 S. Hope St.
40th Floor
Los Angeles, CA 90071
United States
2134062949 (Phone)
2134062949 (Fax)

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