This Note argues that the Eighth Circuit's decision in United States v. Johnson severely limits a defendant's protections against the government's intentional use of implicit, or "wink and nod," agreements with undercover informants to circumvent the right to counsel. Although the court's decision may further the interests of effective law enforcement, the resulting sacrifices of fair play in the adversarial justice system is too costly for society to bear.
Daniel E. Kirsch,
Prosecutor Circumvents the Sixth Amendment Right to Counsel with a Simple Wink and Nod, The,
69 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol69/iss2/6