Word: counseled
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Dates: during 1960-1969
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...felony cases without question. In May 1964, Massiah v. U.S. moved the right to counsel back to the pretrial stage of indictment. In June of that year, Malloy v. Hogan made the Fifth Amendment binding on states. A week later Escobedo reversed Danny's conviction after he had spent 4½ years in prison-and moved the Constitution, and lawyers, into the police station. The court made it clear that criminal prosecutions actually start in the squeal room. To bar legal aid at that crucial stage, it ruled, "would make the trial no more than an appeal from...
...Argument. Speaking for the five-man majority, Justice Goldberg acknowledged that a right to counsel during questioning might sharply diminish confessions. He quoted the late Justice Robert Jackson's opinion in a prior case: "Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances." But, said Goldberg, "this argument cuts two ways. The fact that many confessions are obtained during this period points up its critical nature as a stage when legal aid and advice are surely needed. Our Constitution, unlike some, strikes the balance in favor...
...fears by ruling that Escobedo voids a confession only if, as in Danny Escobedo's case, the suspect had retained a lawyer and was not allowed to consult him. By contrast, the California Supreme Court went beyond Escobedo and ruled last year that a constitutional right to counsel exists even if a suspect does not ask to exercise it. In California, police failure to warn a suspect of his rights to silence and to counsel now voids his confession even though he makes no request for a lawyer...
...truck driver, received 25-and 30-year sentences in 1963 for robbing a woman and kidnaping and raping an 18-year-old girl. Miranda was picked up on suspicion: both victims identified him in a lineup. He talked freely, was neither told nor knew of his right to counsel. The Arizona Supreme Court took the "hard" Escobedo line, upheld his conviction. ¶Roy A. Stewart, 28, a sixth-grade dropout, was suspected in 1963 of mugging a number of Los Angeles women, one of whom died. Arrested with his common-law wife, Stewart was grilled 4½ days before admitting...
...confessions. Yet the court is being asked to void all the confessions by reading into Escobedo a new standard: that police must warn all suspects at focus point that they need not talk, that anything they say may be held against them, and that they have a right to counsel, furnished by the state if necessary...