A defendant, after being indicted for armed robbery, is awaiting trial. The prosecution, without notifying the defendant's appointed counsel, sends an undercover informant into the defendant's jail cell to elicit incriminating statements about the robbery. The defendant, unaware of the informant's true identity, makes several statements implicating himself in the crime. Are these statements admissible in court?
- AYes, because the defendant did not explicitly invoke his right to counsel during the conversation with the informant.
- BYes, because the informant was merely a passive listener and did not actively interrogate the defendant.
- CNo, because the defendant's Sixth Amendment right to counsel had attached and was violated.
- DNo, because the statements were obtained in violation of the defendant's Fifth Amendment Miranda rights.
Show answer & explanationAnswer & explanation
Correct answer: C. No, because the defendant's Sixth Amendment right to counsel had attached and was violated.
Once a defendant has been formally charged (indicted), the Sixth Amendment right to counsel attaches. This right prohibits the government from deliberately eliciting incriminating statements from the defendant in the absence of counsel, even through surreptitious means like an undercover informant.
Why the other options are wrong
- A. This is incorrect. Once the Sixth Amendment right to counsel has attached, the government cannot deliberately elicit statements, regardless of whether the defendant explicitly invokes the right during the conversation.
- B. This is incorrect. The deliberate elicitation standard under the Sixth Amendment is broader than the Miranda 'interrogation' standard and includes active or passive attempts to obtain statements.
- D. This is incorrect. Miranda rights (Fifth Amendment) apply during custodial interrogation before formal charges. Once charges are filed, the Sixth Amendment right to counsel becomes the primary protection against government-elicited statements.
Sixth Amendment Right to Counsel (Deliberate Elicitation)
The Sixth Amendment right to counsel attaches once adversarial judicial proceedings have begun (e.g., indictment). It prohibits the government from deliberately eliciting incriminating statements from a defendant in the absence of their counsel, even through informants or other surreptitious means.
- Attaches upon formal charges (indictment, arraignment).
- Applies to 'deliberate elicitation' of statements, not just active interrogation.
- Offense-specific: applies only to the charged crime.
Memory trick: Miranda's about custody, Sixth's about the case, both protect the accused's space.