Interrogation Without Questions: <em>Rhode Island v. Innis</em> and <em>United States v. Henry</em>
White, Welsh S.
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- 2023Commonwealth v. Michael Figueroa Mass. Super. Ct.
- 2003Commonwealth v. Clark C. Mass. App. Ct.
- 1997Commonwealth v. Torres Mass.
- 1989Commonwealth v. Rubio Mass. App. Ct.
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Abstract
In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.