Word: lawyerly
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Dates: during 1960-1969
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...talks, the prosecution must prove that he "intelligently and knowingly" waived his rights. Moreover, the Supreme Court's 1957 Mallory rule bars prolonged federal interrogation. On arrest, a federal defendant must be taken "without unnecessary delay" before the nearest U.S. commissioner, who reiterates his rights and furnishes a lawyer if the suspect cannot afford one. Admissions obtained during excessive delays are excluded...
...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...
...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-our adversary system begins to operate, and, under the circumstances here, the accused must be permitted to consult his lawyer...
Court v. Court. Across the country, many lower courts echoed the dissenters' 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...
...Sylvester Johnson and Stanley Cassidy, now awaiting execution in New Jersey, were implicated by a confederate's coerced confession in the 1958 holdup murder of a toyshop operator in Camden. Johnson, then 21 and a schizoid, asked a magistrate for a lawyer, was refused, and confessed after twelve hours. Cassidy, then 25 and "regressed," received no warning and confessed during 20 hours' grilling. Because both convictions were final before Escobedo, they pose the retroactivity riddle. ¶ Ernesto Miranda, 23, an "emotionally ill" truck driver, received 25-and 30-year sentences in 1963 for robbing a woman and kidnaping...