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Faced with Agent Coughlin's unequivocal expression of an intent not to elicit statements from respondent Henry, but merely passively to receive them, ante, at 268; App. to Pet. for Cert.
The ruling cited Mr. Khadr's lack of access to counsel and his inclusion in the military's notorious "frequent flier" program, which used sleep deprivation to elicit statements about serious criminal charges.
"Interrogation of a youth, to elicit statements about the most serious criminal charges while detained in these conditions and without access to counsel, and while knowing that the fruits of the interrogations would be shared with the U.S. prosecutors, offends the most basic Canadian standards about the treatment of detained youth suspects," the court said in its decision.
Feelers put out to elicit statements from the city's religious leaders produced expressions of private concern, but no public action.
"You're talking about a situation where the jailhouse informant threatened physical violence, even death, to elicit statements, conduct that is flatly unconstitutional," says Fernandez, the Yale research scholar.
To protect the constitutional rights of suspects, courts have ruled that informants working as government agents cannot deliberately elicit statements from defendants after charges have been filed.
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* Massiah mandates exclusion only if a federal agent "deliberately elicited" statements from the accused in the absence of counsel.
Mr. Ziegler said that, in the transcripts, Mr. Nixon could often be found playing the "devil's advocate"—that eliciting statements by taking a position without really advocating it.
As with the attacks on Christians late last year, the bombs elicited statements of martyrdom from some members of the group attacked, in this case Shiites.
These attacks have elicited statements of concern from French Jewish organizations at an attitude of denial by the political leadership and hesitancy of the police to deal with the problem.
The board elicited statements from Roosevelt condemning the murder of Jews, drew up plans for postwar war-crimes trials, and after much hesitation forwarded requests for the bombing of Auschwitz (See Sidebar: Why wasn't Auschwitz bombed?).
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