A “New” No-Contact Rule: Proposing an Addition to the No-Contact Rule to Address Questioning of Suspects After Unreasonable Charging Delays
This Note considers prosecutorial charging discretion and its interaction with the no-contact rule. Charging delays instituted in order to continually question suspects outside the presence of counsel have racial and social class implications. The no-contact rule should be modified to prevent prosecutors, once they reasonably believe they have enough evidence to pursue a successful conviction, from continuing to question suspects without charging them. Disciplinary sanctions, however, are a more appropriate remedy for such improper questioning than is suppression of the resulting statements.