Absolute Prohibition Overclaim
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
20194_prison_ministry_letter · CRIMINAL · Choice ANo, because once a defendant has been indicted and has counsel, the Sixth Amendment prohibits any waiver of the right to counsel outside the lawyer's physical presence.
Why it's attractive
The word 'never' signals an overclaim -- constitutional rights are generally waivable
Why it's wrong
The word 'never' signals an overclaim -- constitutional rights are generally waivable
20194_prison_ministry_letter · CRIMINAL · Choice BYes, because statements made to or in the presence of a jail chaplain are not covered by the Sixth Amendment.
Why it's attractive
Jailhouse/chaplain statements are not categorically exempt from the Sixth Amendment
Why it's wrong
Jailhouse/chaplain statements are not categorically exempt from the Sixth Amendment
20194_prison_ministry_letter · CRIMINAL · Choice DNo, because the detectives were required to obtain defense counsel's consent before conducting any post-indictment interview.
Why it's attractive
The call asks about admissibility, not about whether counsel consented; the test is whether the defendant personally waived
Why it's wrong
The call asks about admissibility, not about whether counsel consented; the test is whether the defendant personally waived
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