POLS 354 Lecture Notes - Lecture 14: Miranda Warning
Document Summary
In a series of cases, the court has had to fill in the gaps left by gideon case. The state court interpreted this to apply to felonies only. The loss of liberty rule - the right of gov"t provided counsel to indigents applies whenever the crime is penalized by a loss of liberty. If you"re gonna be convicted and go to jail for even one day you have that right. If it"s just a fine or anything thats not incarceration, you don"t have that right. A judge cannot sentence a person into any incarceration if that person is an indigent and hasn"t been given free gov"t counsel. From miranda case and escobedo, when you have to be given the miranda rights, you as an indigent have the right to counsel. Court recognizes that for the appeal stage there are two kinds of appeals.
