Section 11.25 Massiah v. United States : Sixth Amendment Right to Counsel

• Library: Criminal Practice 2012 Supp

D. (§11.25) Massiah v. United States: Sixth Amendment Right to Counsel

Massiah v. United States, 377 U.S. 201 (1964), defines the standard for the admissibility of statements under the Sixth Amendment right to counsel. It provides that use at trial of any statements that have been deliberately elicited from the defendant after indictment and in the absence of counsel violate the defendant’s Sixth Amendment right to counsel.

The facts of Massiah illustrate the type of interrogation that is likely to produce...