5th&6th Amendment Cases

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Lake Oswego High School, Mr. Moore

Escabedo v. Illinois (1964)

A man was brought into questioning and repeatedly denied his request to see his lawyer, and his lawyer denied request to see him. The man was questioned for several hours and confessed to murder. Although he appealed on the 6th Amendment right to counsel, the Supreme Court decided by the 5th Amendment that one has "an absolute right to remain silent."

Miranda v. Arizona (1966)

A series of casing, the one it is named after involving a man arrested for robbery, positively identified, being interrogated for 2 hours without being aware of his rights, and confessing to murder. The question was does police interrogation of individuals without informing them of their rights violate the 5th? The Supreme Court decided yes and laid down procedural safeguards and required rights to be read, now known as the Miranda Rights. It was said that "the blood of the accused is not the only hallmark of an unconstitutional inquisition."

Gideon v. Wainright (1963)

A man was charged of breaking and entering and was denied when he asked for the state to provide a lawyer for him, unable to pay for one himself. He was left to fend for himself in court and was found guilty. He wrote a letter to the Supreme Court while in jail. The Supreme Court decided that a lawyer is a necessity, not a luxury, and that he had the right to be represented by a court-appointed attorney through the 6th Amendment's guarantee of counsel.

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