MCNEIL V WISCONSIN - BLURRING A BRIGHT LINE ON CUSTODIAL INTERROGATION

This Note examines the United States Supreme Court decision in McNeil v. Wisconsin, which addressed the question of whether invocation of the Sixth Amendment right to counsel triggers the Fifth Amendment right to counsel during subsequent custodial interrogation. The Note traces the development of the Fifth and Sixth Amendment rights to counsel and examines the policies behind each of the two rights. The author argues that the McNeil decision will undermine earlier decisions which strongly protected the right to counsel, and reflects an on-going shift in the attitude of the Court regarding custodial interrogation and individual liberties.