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.
Welsh S. White,
Interrogation Without Questions: Rhode Island v. Innis and United States v. Henry,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol78/iss8/2