Anthony Kennedy

“ If a lawyer is seen as a nettlesome obstacle to the pursuit of wrongdoers-as in an inquisitorial society-then the Court's decision today makes a good deal of sense. If a lawyer is seen as an aid to the understanding and protection of constitutional rights-as in an accusatorial society-then today's decision makes no sense at all. ”

“ Any notion that a constitutional right to counsel is, or should be, narrowly defined by the elements of a pending charge is both unrealistic and invidious. Particularly given the implication that McNeil would be given favorable treatment if he told "his side of the story" as to either or both crimes to the Milwaukee County officers, I find the Court's restricted construal of McNeil's relationship with his appointed attorney at the arraignment on the armed robbery charges to be unsupported. ”

“ As a symbolic matter, today's decision is ominous because it reflects a preference for an inquisitorial system that regards the defense lawyer as an impediment rather than a servant to the cause of justice.
* The predicate for the Court's entire analysis is the failure of the defendant at the preliminary hearing to make a "statement that can reasonably be construed to be expression of a desire for the assistance of an attorney in dealing with custodial interrogation by the police." Ante, at 178. ”

“ Smukowski testified at trial that prior to going to Omaha he had been aware that McNeil was a suspect in the Caledonia murder as well as in the Milwaukee County armed robbery. Tr. 4-5 (Nov. 9, 1987) . He further testified that on May 21, 1987, he and his colleague talked to McNeil during the transport back to Wisconsin "about the murder case and the armed robbery," id., at 7, and that they were operating under the understanding that they would take "a statement as to either case" if McNeil would provide one. ”

“ See also United States ex rel. Espinoza v. Fairman, 813 F.2d 117 (CA7 1987) .
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”