Miranda Law: The Right to Remain Silent

By Ron Fridell | Go to book overview
Save to active project

Three
YOU HAVE THE RIGHT TO
COUNSEL

The Miranda Justices Also Built a Sixth Amendment foundation of cases for their 1966 ruling. These cases included Powell v. Alabama (1932), Betts v. Brady (1942), Gideon v. Wainwright (1963), and Escobedo v. Rlinois (1964). Let's look at them now.

The Sixth Amendment guarantees the right to an attorney in a criminal trial: [In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel [a lawyer] for his defence.]

This Sixth Amendment right to counsel has a special purpose. It is meant to help equalize the unequal contest between the defendant and the State. Think about this: Ernesto Miranda, a solitary individual, versus Arizona, the vast legal machinery of an entire state. Criminal lawyers' offices are lined with row upon row of law books. How could a defendant in a criminal case possibly understand those thousands upon thousands of pages of legal rules and regulations well enough to successfully defend himself in a court of law?

In all federal courts, criminal defendants were already protected by the Sixth Amendment before the Miranda case. If they could not afford to hire a lawyer, the federal government would appoint one for them.

But they were not protected in all state courts. Each

-33-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Miranda Law: The Right to Remain Silent
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 144

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?