3 terms

5th&6th Amendment Cases

Mr Moore, Lake Oswego High School
Escabedo v. Illinois (1964)
5th Amendment
Danny Escobedo was refused requests to see his lawyer during questioning and his lawyer was refused to see him. Pled that by 6th Amendment, allowed counsel. Justice Goldberg spoke of an "absolute right to remain silent" and that he had not been adequately informed of his rights.
Miranda v. Arizona (1966)
5th Amendment
After a series of cases in which the convicted person was denied the right to a counsel, Miranda's case was retried after he was convicted of rape&kidnapping which he confessed to during a 2 hour confession. The police can not use a confession when the convicted person is not informed of their rights. They must use procedural safeguards "effective to secure the privilege against self-incrimination". The Court outlined the rights that must be read, now known as the Miranda rights.
Gideon v. Wainwright (1963)
6th Amendment
Gideon arrested for breaking&entering, couldn't pay for a lawyer and Florida would not appoint one for him, leaving Gideon to defend for himself. He wrote a letter to the Supreme Court while in prison, claiming this was against his 6th Amendment right to council. The Court decided he was right, overruling its 1942 decision of Betts v. Brady. Right to coucil is fundamental right, essential to a fair trial, & made applicable to states through the Due Process Clause. "Lawyers in criminal courts are necessities, not luxuries."