Abstract

CRUCIAL STAGES, CRUCIAL CONFRONTATIONS, AND THE FLORIDA CRIMINAL DEFENDANT'S RIGHT TO COUNSEL

ANTHONY J. MAZZEO[*]

Copyright 1997 Florida State University Law Review

The right to the assistance of counsel is a fundamental right guaranteed to all criminal defendants. The right, however, is an evolving concept. Part II of this Comment examines the right to counsel as it has evolved under the U.S. Constitution and the Florida Constitution. Part III reviews and analyzes the Florida Supreme Court's decision in Traylor v. State and subsequent decisions in Florida courts, and compares them with the decisions of the U.S. Supreme Court relating to the right to counsel. Parts IV and V discuss the effect of equivocal invocations of Miranda rights in light of recent Florida and U.S. Supreme Court cases. Part VI analyzes the impact of Florida's right to counsel jurisprudence on various longstanding law enforcement methods. Finally, Part VII recommends a modification to the Florida Supreme Court's approach that will avoid interference with these longstanding methods of law enforcement.


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