CJ 3552 Lecture Notes - Lecture 13: Ernesto Miranda, Miranda Warning
29 Aug 2016
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The 6th amendment: the right to counsel o. Gideon v. wainwright (1963): felony defendants are allowed to have counsel during the trial: douglas v. california (1963): right to counsel at your appeal. Facts: a man was arrested and taken to the police station, asked to see his lawyer, and was denied. The lawyer tried to consult with him, and was denied. Ultimately, he confessed to the murder he was accused of: question: was escobedo"s 6th amendment right to counsel violated? o. Scotus: yes, his 6th amendment right to counsel was violated. Rationale: escobedo was not adequately told that he had the constitutional right to remain silent. The 1st time scotus said there is an absolute right to remain silent. o. Side note: this decision was heavily criticized because many people believed that it got in the way of law enforcement.
