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- Subject: 90-5319 -- OPINION, McNEIL v. WISCONSIN
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- SUPREME COURT OF THE UNITED STATES
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- No. 90-5319
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- PAUL McNEIL, PETITIONER v. WISCONSIN
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- on writ of certiorari to the supreme court of wisconsin
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- [June 13, 1991]
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- Justice Kennedy, concurring.
- I join the opinion of the Court in all respects. Its sensible
- recognition that invocation of the Sixth Amendment right to counsel is
- specific to the offense in question should apply as well to requests for
- counsel under the Fifth Amendment. See Arizona v. Roberson, 486 U. S. 675,
- 688 (1988) (Kennedy, J., dissenting). For those in custody, Edwards v.
- Arizona, 451 U. S. 477 (1981), and its progeny go far to protect an
- individual who desires the assistance of counsel during interrogation.
- Limiting the extraordinary protections of Edwards to a particular
- investigation would not increase the risk of confessions induced by
- official efforts to wear down the will of a suspect. Having adopted an
- offense-specific rule for invocation of the Sixth Amendment right to
- counsel, the Court should devote some attention to bringing its Fifth and
- Sixth Amendment jurisprudence into a logical alignment, and should give
- uniform, fair, and workable guidelines for the criminal justice system.
- Even if petitioner had invoked his Fifth Amendment right with respect
- to the West Allis armed robbery, I do not believe the authorities should
- have been prohibited from questioning him in connection with the Caledonia
- offenses.
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