Jones is arrested by Detective Smith on suspicion of burglary. Before interviewing Jones, Detective Smith reads Jones his Miranda rights. Detective Smith then begins to question Jones, but Jones won't answer any questions. The next day Jones is taken before a judge and an attorney is appointed to represent Jones. The next day Detective Smith stops by Jones' cell to question Jones about a murder investigation in which Jones is a suspect. Detective Smith reads Jones his Miranda rights and Jones voluntarily waives. Jones then confesses to committing the murder. Should Jones' confession be excluded in his trial on the murder charge?

Bob Crouse
Wake Forest University

Answer

(1) The Sixth Amendment right to counsel, which does not apply until after the beginning of adversarial judicial proceedings is offense specific; therefore, its effect of invalidating subsequent waiver of counsel is also offense specific.  The murder confession will not be excluded.

(2) Invocation of defendant's Sixth Amendment right to counsel for an armed robbery charge did not automatically apply to any crime for which he had not yet been charged.

(3) Assertion of Miranda rights cannot be implied from an assertion of the Sixth Amendment right to counsel because they serve two different and distinct purposes.

(4) Defendant's request for his counsel at bail hearing cannot reasonably be interpreted as requesting counsel during custodial interrogation by police.

See majority and dissenting opinions in McNeil v. Wisconsin, 501 U.S. 171 (1991).