A defendant was indicted for murder and placed in a jail cel…
A defendant was indicted for murder and placed in a jail cell awaiting trial. To bolster its case and learn more about the underlying facts, the prosecution enlisted the help of a paid government informant posing as a cellmate. The informant was specifically told not to initiate any discussion about the murder nor to interrogate the defendant in any way but merely to passively listen and gather information volunteered by the defendant. The informant proceeded to follow these instructions. Over the next several days, the defendant made several incriminating statements about his involvement in the murder. The prosecution sought to introduce this evidence at trial. Upon objection, should the court allow the defendant’s statements to be admitted?
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