> 1.) Suspect is arrested, read Miranda. > > 2.) Suspect is brought to the station, told he's been assigned a > public defender who's walking down the hall and will be here in 2 > minutes. > > 3.) Thus far the suspect has been silent. > > -- Question -- > Has Jackson been triggered? (i.e., must wait for counsel before > questions can be asked OR testimony be admitted)
See, the read I took on the issue was somewhat different. Here's the scenario I was thinking of: 1.) Suspect is arrested, read Miranda. 2.) Suspect is brought to the station 3.) Suspect *requests* counsel. At this point my understanding is that the suspect cannot be further questioned without speaking with counsel. The scenario continues.... 4.) Suspect either approaches or is approached by investigators before or during the trial proceedings. This is the point I think that is being litigated - can the suspect willingly communicate with authorities without counsel present? Based on Michigan v. Jackson the answer is no, the suspect cannot. This is because of potential coercion by the authorities to convince the suspect to do so. That is what I read as being contested. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.doubleclick.net/clk;207172674;29440083;f Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:296257 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5
