Massiah doctrine
E821206
The Massiah doctrine is a U.S. constitutional rule that prohibits law enforcement from deliberately eliciting incriminating statements from an indicted defendant in the absence of their counsel.
Statements (33)
| Predicate | Object |
|---|---|
| instanceOf |
Sixth Amendment doctrine
ⓘ
United States constitutional doctrine ⓘ |
| appliesStage | post-indictment, pretrial stage ⓘ |
| appliesTo |
indicted criminal defendants
ⓘ
post-indictment interrogation ⓘ statements obtained by government agents acting surreptitiously after indictment ⓘ |
| basedOn | Sixth Amendment to the United States Constitution NERFINISHED ⓘ |
| concerns | admissibility of incriminating statements in criminal prosecutions ⓘ |
| constitutionalBasis | United States Constitution NERFINISHED ⓘ |
| distinguishedFrom | Miranda doctrine NERFINISHED ⓘ |
| doesNotRequire | custodial interrogation ⓘ |
| enforcedBy | United States courts NERFINISHED ⓘ |
| jurisdiction |
United States of America
ⓘ
surface form:
United States
|
| legalDomain |
constitutional criminal procedure
ⓘ
criminal procedure ⓘ |
| legalEffect | exclusion of statements deliberately elicited in violation of the Sixth Amendment right to counsel ⓘ |
| namedAfter | Massiah v. United States NERFINISHED ⓘ |
| prohibits |
deliberate elicitation of incriminating statements from an indicted defendant without counsel present
ⓘ
government-initiated interrogation of an indicted defendant in the absence of counsel ⓘ use of undercover agents to deliberately elicit incriminating statements from an indicted defendant without counsel ⓘ |
| protectsRight |
Sixth Amendment right to counsel
ⓘ
right to counsel ⓘ |
| relatedConcept |
deliberate elicitation standard
ⓘ
exclusionary rule ⓘ informants ⓘ undercover government agents ⓘ |
| requires | government action or agency ⓘ |
| scopeLimitation | offense-specific application of the Sixth Amendment right to counsel ⓘ |
| sourceCase | Massiah v. United States, 377 U.S. 201 (1964) NERFINISHED ⓘ |
| triggerCondition |
arraignment
ⓘ
formal initiation of adversary judicial criminal proceedings ⓘ indictment ⓘ information or formal charge ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.