Word: lawyerly
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Dates: during 1960-1969
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...years for first-degree murder. Like most convicts, Danny was sure he had taken a bum rap. In his case, the Supreme Court agreed. Danny had confessed to complicity in his brother-in-law's murder, but only after Chicago police had refused to let him see his lawyer, who was in the station house trying to see him.* Not only did the court void Danny's confession: it held that every arrested American is now entitled to consult his lawyer as soon as police investigation makes him a prime suspect...
...Supreme Court has been forced to face the task of clarifying its own opinion by accepting five new confession cases. They raise six vital issues: 1) When do a suspect's constitutional rights begin? 2) Must police inform him of those rights? 3) Does he need a lawyer to waive them? 4) Are indigents entitled to lawyers in the police station? 5) Does Escobedo retroactively threaten pre-1964 confessions? 6) To what extent does it forbid the whole process of U.S. police interrogations...
...Lawyers for the states and the Justice Department implored the court to the contrary. Don't expand the limited Escobedo ruling in ways that handcuff police interrogation, they said. Don't forget society's rights and Benjamin Cardozo's words: "Justice, though due the accused, is due the accuser also." Don't abandon "totality of circumstances" in judging whether confessions are free or coerced. Don't assume that "focus" is workable as an objective test. Don't expect judges to reconstruct just when the focus point was reached or whether the suspect really...
Supreme Swinger. Indeed, the American Civil Liberties Union, as amicus curiae in all of the cases before the Supreme Court, advocates exactly that test. The A.C.L.U. argues that police custody is inherently so coercive that the suspect's privilege against self-incrimination can be protected only by a lawyer, not by mere warnings from the police, who are his adversaries. In this view, the lawyer's function would not be so much to shut up a guilty suspect as to advise him on his best chances-to say nothing of what the presence of lawyers would...
...other two members of the board are Sen. Wayne Morse (D-Ore.), who will be its chairman, and David Ginsburg, a Washington lawyer who served in the government during World War II and who is a close friend of Neustadt...