Word: goldberg
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Dates: during 1960-1969
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...Vital issues. Though the 5-to-4 decision, written by Justice Arthur Goldberg before he left the court for the U.N., was clear in Danny's specific case, it was so vague in its general application that it could be interpreted as requiring lawyers throughout some police interrogations. As police see it, this would mean that all suspects would simply stop talking. Out would go the time-honored use of confessions in court, a practice that police claim is vital to conviction in 80% of all criminal cases...
...best guess of Washington lawyers is that the court may simply require police to warn prime suspects of their rights-partly because the court may now be as closely divided as it was in Escobedo. When Justice Goldberg departed for the U.N., he left eight Justices who had split 4 to 4 in that case. His successor, Justice Fortas, made eloquently clear during the arguments that he views the court's "vexatious, tormented" decision no differently than he did when he was on the other side of the bench winning the right to counsel for Florida Indigent Clarence Gideon...
...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...
...system of law enforcement which comes to depend on the confession," continued Goldberg, "will, in the long run, be less reliable than a system which depends on extrinsic evidence independently secured through skillful investigation. If the exercise of constitutional rights will thwart the effectiveness of a system of law enforcement, then there is something very wrong with that system." Despite this manifesto, the basic Escobedo rule was actually limited. "We hold only," said the opinion, "that when the process shifts from investigatory to accusatory -when its focus is on the accused and its purpose is to elicit a confession...
Coates immediately denied any ill will toward Ward. Councillor Bernard Goldberg turned around and accused Velucci of using Ward as a pawn, trying to create an issue for his own political advantage. Vellucci only repeated his charges all the more strongly...