(1) A suspect who is under custody and about to be interrogated by police receives a Miranda warning advising him or her of the constitutional rights to remain silent and receive assistance from a lawyer. Waiver of these rights must be "knowing, intelligent and voluntary." Discuss these threshold requirements for an effective waiver. What must the police do (or not do) to confirm that a suspect has "waived" his or her rights to remain silent or not seek an attorney?
(2) What do you think of the statement that "police have no obligation to inform a suspect (that they know) a lawyer has been retained on his behalf'? Is this a good policy? Why or why not?
(3) With respect to invoking one's rights, a common situation is confusion or ambiguity on the part of the suspect. Often, as your reading suggests, suspects will say, "I'm not sure whether I need a lawyer or not" or "Do you think I need a lawyer?" One issue that your reading fails to develop is what the police say in response to such unclear or non-directive statements. Should the police say nothing? What if the officer says, "No, I don't think you need a lawyer."? In this regard, tell me what Maryland law prohibits police from doing to elicit waivers.
(4) What should any psychiatric evaluation of a person's competency to participate in legal proceedings and stand trial address? What mental capacities should a person possess and be able to demonstrate:? Also, discuss briefly the nature of the steps that any competency evaluation process involves, start to finish. Should individuals who are not competent to proceed be compelled to take medication that may make them competent to proceed? Why or why not?