Word: malloy
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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...
...Safeguards. More recently, two related decisions laid the groundwork for a ruling that even a voluntary confession might be inadmissible in state courts. In Gideon v. Wainwright (1963), the Sixth Amendment right to counsel was extended to all state criminal courts. In Malloy v. Hogan (1964), the Fifth Amendment guarantee against self-incrimination was also extended to the states. As a result, the court took the next step-concluding that police interrogation itself is so crucial in prosecution, that at this stage, as well as in the courtroom, an accused's rights to silence and to counsel...
...practice permissible in six states, including California. In decisions dating to 1908, the Supreme Court had refused to bar such comment in state courts (federal courts have barred it since 1893). But last year the court extended the Fifth Amendment privilege against self-incrimination to all state courts (Malloy v. Hogan), a step inevitably pointing to Griffin's victory. As a result, the U.S. Constitution now guarantees what 44 states have already established on their own. As for Eddie Griffin, he faces retrial in California with no comment on his silence. Whether the new right will help him remains...
Fifth Amendment's privilege against self-incrimination (Malloy v. Hogan in 1964) and the Sixth Amendment's right to counsel (Gideon v. Wainwright in 1963). To be sure, the court said flatly in 1904: "The Sixth Amendment does not apply to proceedings in state criminal courts." But in the light of Gideon, Malloy and other "absorption" cases, ruled Black, statements "generally declaring that the Sixth Amendment does not apply to states can no longer be regarded as law." After reversing Pointer's conviction on these grounds, the court emphasized its new doctrine by doing exactly the same...
...would want to use the Presidency for their own purposes. The election would be democratic in form but not in fact. Thus these new proposals would raise more problems than they would solve. Far more modest organizations such as those which are now suggested would be better. Jack D. Malloy...