Saturday, December 31, 2011

This is how they secretly come at us, intimidation

Well bro, I just try to keep my nose down, bills paid and I try to put back a meal or two for hard times. Working on your business would be more effective than to try to split your day up into two things. THEN Once you have a chunk of money put together, I bet if you offered it to the court (illuminati, Gov't, Powers That Be), they would gladly take ur money, give you ur family rights back and move on to someone else. It's all about money bro, Everything we do is set up to bleed us dry for generations to come. -- just my two cents, Ill say a prayer for u. Keep ya head up... It is how it is. :-)

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A LONG HARD FIGHT IS WHAT FREEDOM IS ABOUT

Massiah v. United States

Massiah v. United States

Supreme Court of the United States Argued March 3, 1964 Decided May 18, 1964 Full case name Winston Massiah v. United States

Citations 377 U.S. 201 (more) 84 S. Ct. 1199; 12 L. Ed. 2d 246; 1964 U.S. LEXIS 1277 Prior history 307 F.2d 62 (2d cir.) reversed

Holding Once criminal proceedings have begun, the government cannot bypass the defendant's lawyer and try to elicit statements from the defendant. Court membership Chief Justice Earl Warren

Associate Justices Hugo Black · William O. Douglas Tom C. Clark · John M. Harlan II William J. Brennan, Jr. · Potter Stewart Byron White · Arthur Goldberg

Case opinions

Majority Stewart, joined by Goldberg, Brennan, Douglas, Black, Warren Dissent White, joined by Clark, Harlan Laws applied U.S. Const. amend. VI

Massiah v. United States, 377 U.S. 201 (1964), [1]

was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the government from eliciting statements from the defendant about themselves after the point that the Sixth Amendment right to counsel attaches.

In Massiah, the defendant had been indicted on a federal narcotics charge. He retained a lawyer, pled not guilty, and was released on bail. A co-defendant, after deciding to cooperate with the government, invited Massiah to sit in his car and discuss the crime he was indicted on, during which the government listened in via a radio transmitter. During the conversation, Massiah made several incriminating statements, and those statements were introduced at trial to be used against him.

Massiah appealed his conviction, which was affirmed in part by the Court of Appeals for the Second Circuit, 307 F.2d 62. The Supreme Court granted certiorari and reversed, holding that the statements made by the defendant outside the presence of his attorney must be suppressed.

The Massiah rule applies to the use of testimonial evidence in criminal proceedings deliberately elicited by the police from a defendant after formal charges have been filed. The events that trigger the Sixth Amendment safeguards under Massiah are (1) the commencement of adversarial criminal proceedings and (2) deliberate elicitation of information from the defendant by governmental agents.

The Sixth Amendment guarantees a defendant a right to counsel in all criminal prosecutions. The purposes of the Sixth Amendment right to counsel are to protect a defendant’s right to a fair trial and to assure that our adversarial system of justice functions properly by providing competent counsel as an advocate for the defendant in his contest against the “prosecutorial forces” of the state.

The Sixth Amendment right “attaches” once the government has committed itself to the prosecution of the case by the initiation of adversarial judicial proceedings "by way of formal charge, preliminary hearing, indictment, information or

arraignment,". [2] Determining whether a particular event or proceeding constitutes the commencement of adversarial criminal proceedings requires both an examination of the rules of criminal procedure for the jurisdiction in which the crime is charged and the Supreme Courts cases dealing with the issue of

when formal prosecution begins. [3] Once adversarial criminal proceedings commence the right to counsel applies to all critical stages of the prosecution and investigation. A critical stage is "any stage of the prosecution, formal or informal, in court or out, where counsel's absence might

derogate from the accused's right to a fair trial." [4]

Government attempts to obtain incriminating statement related to the offense charged from the defendant by overt interrogation or surreptitious means is a critical stage and any information thus obtained is subject to suppression unless the government can show that an attorney was present or the defendant knowingly, voluntarily and

intelligently waived his right to counsel. [5]

Deliberate elicitation is defined as the intentional creation of circumstances by government agents that are likely to produce incriminating information

from the defendant. [6] Clearly express questioning (interrogation) would qualify but the concept also extends to surreptitious attempts to acquire information from the defendant through the use of

undercover agents or paid informants. [7]

The definition of "deliberate elicitation" is not the same as the definition of "interrogation" under the Miranda rule. Miranda interrogation includes express questioning and any actions or statements that an officer would reasonably foresee as likely to cause an incriminating response. Massiah applies to express questioning and any attempt to deliberately and intentionally obtain incriminating information from the defendant regarding the crime charged. The difference is purposeful creation of an environment likely to produce incriminating information (Massiah) and action likely to induce an incriminating response even if that was not the officer's purpose or intent (Miranda).

The Sixth Amendment right to counsel is offense specific - the right only applies to post commencement attempts to obtain information

relating to the crime charged. [8] The right does not extend to uncharged offenses even those that are

factually related to the charged crime. [9]

As noted, information obtained in violation of the defendant's Sixth Amendment right to counselis subject to suppression unless the governmentcan establish that the defendant waived his right to counsel. The waiver must be knowing, intelligent

and voluntary. [10] A valid Miranda waiver operates as a wavier of Sixth Amendment right.

Hide Massiah v. Miranda

1. Constitutional Basis - Miranda is based on the Fifth Amendment right to counsel and the Fifth Amendment right to remain silent. Massiah is based on the Sixth Amendment right to counsel.

2. Attachment - Miranda: Custody + Interrogation. (Charging status irrelevant) Massiah: Formally Charged + Deliberate Elicitation. (Custodial status irrelevant)

3. Scope a. Miranda applies to custodial interrogation by known governmental agents. Surreptitious acquisition of incriminating information allowed.

a. Massiah applies to overt and surreptitious interrogation.

b. Miranda is not offense specific. [11] b. Massiah is

offense specific. [12]

c. Miranda: interrogation + "functional equivalent" c. Massiah: interrogation + "deliberate elicitation"

4. Waiver: Both Miranda and Massiah rights may be waived.

5. Assertion: In each case, the assertion must be clear and unequivocal. The effects of assertionare not identical. For purposes of Miranda, the police must immediately cease the interrogation and cannot resume interrogating the defendant about any offense charged or uncharged unless counsel is present or defendant initiates contact for purposes of resuming interrogation and valid waiver obtained. Because Massiah is offense-specific, an assertion of the sixth amendment right to counsel requires the police to cease interrogating the defendant about any charged offense. Apparently the police could continue questioning the defendant about uncharged crimes assuming that the defendant was not in custody. The defendant's remedy would be to

leave or to refuse to answer questions. [13]

6. Remedy for violation: The remedy for violation of fifth and sixth amendment rights to counselare identical. The statements and testimonial information is subject to suppression. Derivative evidence is not subject to suppression under Miranda - fruit of poisonous tree doctrine may apply

to Massiah violation. [14] Both Miranda and Massiah defective statements can be used for impeachment purposes.

7. Exceptions: The primary exceptions to Miranda are (1) the routine booking questions exception (2) the jail house informant exception and (3) the public safety exception. In Moulton v. Maine the Supreme Court refused to recognize a public safety exception

to the Massiah rule. [15] Massiah allows for the use of jail house informants provided the informants

serve merely as "passive listeners." [16]

↑Jump back a section

Hide Massiah and the Voluntariness Standard

The Massiah rule is also to be contrasted with the vountariness standard of the Fifth and Fourteenth

Amendments. [17] The voluntariness standard applies to all police interrogations regardless of the custodial status of the suspect and regardless of whether the suspect has been formally charged. The remedy for a violation of the standard is complete suppression of the statement and any evidence derived from the statement. The statement cannot be used as either substantive evidence of guilt or to

impeach the defendant's testimony. [18] The reason for the strictness is the common law's aversion to the use of coerced confessions because of their inherent unreliability. Further the rights to be free from coerced confession cannot be waived nor is it necessary that the victim of coercive police conduct assert his right. In considering the voluntariness standard one must consider the Supreme Court's

decision in Colorado v. Connelly. [19] Although federal courts' application of the Connelly rule has been inconsistent and state courts have often failed to appreciate the consequences of the case, Connelly clearly marked a significant change in the application of the voluntariness standard. Before Connelly the test was whether the confession was voluntary considering the totality of the

circumstances. "Voluntary" carried its everyday meaning - the confession had to be a product of the exercise of the defendant's free will rather than

police coercion. After Connelly the totality of circumstances test is not even trigered unlessthe

defendant can show coercive police conduct.

Questions of free will and rational decision making are irrelevant to a due process claim unless police misconduct existed and a causal connection can be shown between the misconduct and the

confession.

Me against the world

Massiah v. United States -Wikipedia, the free encyclopedia en.wikipedia.org/.../Massiah_v._United_State... Massiah v. United States, 377 U.S. 201 (1964), was a case in which the Supreme Court of the United ...

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USA news: Steve Massiah's passport confiscated, travel ... www.espncricinfo.com/usa/.../545626.html Dec 16, 2011 – USA government officials have confiscated Steve Massiah's passport and restricted his ...

USA news: USA captain Massiah arrested in fraud case ... www.espncricinfo.com/usa/.../545127.html Dec 12, 2011 – Steve Massiah, the USA captain, has been charged by United States federal authorities ...

Summaries of Successful Cases Under Massiah v. United ... www.capdefnet.org/.../jailhouse_snitch.htm Winston Massiah and a codefendant, Colson, were indicted in 1958 for possession of narcotics aboard a ...

Messiah - definition of Messiah by the Free Online ... www.thefreedictionary.com/Messiah 1. also Mes·si·as (m -s s) The anticipated savior of the Jews. 2. also Messias Christianity Jesus. ...

M A S S I A H / Selected Work 2011 www.ryan-massiah.com/Design & Animation.

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Friday, December 30, 2011

mankind ... masses ... massiah ... lord in flesh, lord of host

Electronic Text Center,University of Virginia Library

| The entire work ( KB) | Table of Contents for this work | | All on-line databases | Etext Center Homepage |

Header Front Matter Book THE STORY OF MANKIND

Chapter 1

Chapter 2 THE SETTING OF THE STAGE

Chapter 3 OUR EARLIEST ANCESTORS

Chapter 4 PREHISTORIC MAN

Chapter 5 HIEROGLYPHICS

Chapter 6 THE NILE VALLEY

Chapter 7 THE STORY OF EGYPT

Chapter 8 MESOPOTAMIA

Chapter 9 THE SUMERIANS

Chapter 10 MOSES

Chapter 11 THE PHOENICIANS

Chapter 12 THE INDO-EUROPEANS

Chapter 13 THE ÆGEAN SEA

Chapter 14 THE GREEKS

Chapter 15 THE GREEK CITIES

Chapter 16 GREEK SELF-GOVERNMENT

Chapter 17 GREEK LIFE

Chapter 18 THE GREEK THEATRE

Chapter 19 THE PERSIAN WARS

Chapter 20 ATHENS vs. SPARTA

Chapter 21 ALEXANDER THE GREAT

Chapter 22 A SUMMARY

Chapter 23 ROME AND CARTHAGE

Chapter 24 THE RISE OF ROME

Chapter 25 THE ROMAN EMPIRE

Chapter 26 JOSHUA OF NAZARETH

Chapter 27 THE FALL OF ROME

Chapter 28 RISE OF THE CHURCH

Chapter 29 MOHAMMED

Chapter 30 CHARLEMAGNE

Chapter 31 THE NORSEMEN

Chapter 32 FEUDALISM

Chapter 33 CHIVALRY

Chapter 34 POPE vs. EMPEROR

Chapter 35 THE CRUSADES

Chapter 36 THE MEDIÆVAL CITY

Chapter 37 MEDIÆVAL SELF-GOVERNMENT

Chapter 38 THE MEDIÆVAL WORLD

Chapter 39 MEDIÆVAL TRADE

Chapter 40 THE RENAISSANCE

Chapter 41 THE AGE OF EXPRESSION

Chapter 42 THE GREAT DISCOVERIES

Chapter 43 BUDDHA AND CONFUCIUS

Chapter 44 THE REFORMATION

Chapter 45 RELIGIOUS WARFARE

Chapter 46 THE ENGLISH REVOLUTION

Chapter 47 THE BALANCE OF POWER

Chapter 48 THE RISE OF RUSSIA

Chapter 49 RUSSIA vs. SWEDEN

Chapter 50 THE RISE OF PRUSSIA

Chapter 51 THE MERCANTILE SYSTEM

Chapter 52 THE AMERICAN REVOLUTION

Chapter 53 THE FRENCH REVOLUTION

Chapter 54 NAPOLEON

Chapter 55 THE HOLY ALLIANCE

Chapter 56 THE GREAT REACTION

Chapter 57 NATIONAL INDEPENDENCE

Chapter 58 THE AGE OF THE ENGINE

Chapter 59 THE SOCIAL REVOLUTION

Chapter 60 EMANCIPATION

Chapter 61 THE AGE OF SCIENCE

Chapter 62 ART

Chapter 63 COLONIAL EXPANSION AND WAR

Chapter 64 A NEW WORLD

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