1.20 - 6. The Edwards Rule
Jurisdiction | New York |
6. The Edwards Rule
The Supreme Court holds that once an accused invokes his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing that he responded to further police-initiated questioning even if advised of his rights beforehand. Counsel must have been made available to him, or the accused himself must initiate further communication, exchange or conversation with the police. A subsequent waiver at the behest of the police rather than the accused is the product of inherently compelling pressures and not an accused’s voluntary choice.63 The Edwards rule is not a federal constitutional mandate but rather a judicially prescribed prophylaxis.64 Under Supreme Court jurisprudence, what is the result when the accused is freed from custody and later on, while at liberty, advised of his Miranda rights?
...When . . . a suspect has been released from his pretrial custody and has been returned to his normal life for some time before the latter attempted interrogation, there is little to think that his change of heart regarding interrogation without counsel has been coerced. He has likely
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- 1.0 - I. Identification Proceedings
- 1.1 - A. Photographs
- 1.2 - B. Showups And Accidental Confrontations
- 1.3 - C. Lineups
- 1.4 - 1. Investigatory Lineups
- 1.5 - 2. Lineups After The Filing Of Charges
- 1.6 - 3. Lineups Conducted Pursuant To Court Order
- 1.7 - 4. Waiver Of Counsel By Suspect
- 1.9 - D. Other Identification Proceedings
- 1.10 - II. Questioning By Law Enforcement Agents
- 1.11 - A. After The Initiation Of Formal Proceedings
- 1.12 - B. Request By Suspect For Counsel
- 1.13 - C. Entry By Counsel In The Case
- 1.14 - D. Suspect Is Represented On An Unrelated Case
- 1.15 - 1. The Rogers Rule
- 1.16 - 2. Rogers Is Inapplicable To Noncustodial Questioning
- 1.17 - 3. The Bing Decision Overrules The Bartolomeo Decision (Overruled In 1990)
- 1.18 - 4. The Bing Decision
- 1.19 - 5. The Davis Rule
- 1.20 - 6. The Edwards Rule
- 1.21 - 7. The Right To Counsel At Trial
- 1.22 - 8. Appellate Preservation Of Right To Counsel (State)
- 1.23 - 9. No Right To Counsel While Committing Crime
- 1.24 - 10. Assigned Counsel For The Indigent
- 1.25 - 11. Disqualification Of Counsel
- 1.26 - 12. No Right To Counsel Paid With Stolen Money Or Property
- 1.27 - 13. Non-Communicative Acts, Real Evidence
- 1.28 - 14. Representation In A Civil Action
- 1.29 - 15. The Protest Strategy
- 1.30 - 16. Prisons And Miranda Warnings
- 1.31 - 17. Pre-Arrest Silence
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