Authors

Janet Ainsworth

Abstract

In a majority of states, a suspect is deemed to have invoked the Miranda right to counsel only if the suspect's request is clear and unequivocal. This doctrine is challenged as an insufficient protection of constitutional rights. It is argued that courts should treat even ambiguous and equivocal requests as per se effective innovations of the right to counsel.

Comments

Excerpted in Yale Kamisar, Wayne R. LaFave, and Jerold H. Israel, MODERN CRIMINAL PROCEDURE (8th ed. 1994).

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