TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P21

Gale Encyclopedia of American Law Volume 12 P21 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW MIRANDA V. ARIZONA 187 defendant is unable to procure the services of an attorney. 316 . at464. Itthereupon examined the question of whether Sixth Amendment principles should in fact be imported into the interpretation of the Fourteenth Amendment. This vital question is answered in the negative thus laying the foundation for the particular conclusion Betts reached. Justices Black Douglas and Murphy dissenting did so expressly on the ground that the Sixth Amendment is applicable to state criminal proceedings the view adopted twenty years later in Gideon. During the reign of Betts the confession cases turned on special circumstances as is illustrated in the citations in the concurring opinion of Justice Clark in Gideon v. Wainwright 372 . at 347-49. This same specialized notion of the circumstances applied also to the right to counsel as it related to the interrogation. An example is Haley v. Ohio 332 . 596 68 Sup. Ct. 302 92 L. Ed. 224 1948 . In this case a fifteen year old boy was interrogated for five hours before he confessed to murder. The judgment of the Court reversing the conviction was announced by Justice Douglas and joining with him in an opinion were Justices Black Murphy and Rutledge. This opinion particularly stressed that at no time was this boy advised of his right to counsel. Noting the youth of the defendant the opinion said He needs counsel and support if he is not to become the victim first of fear then of panic. He needs someone on whom to lean lest the overpowering presence of the law as he knows it may not crush him. No friend stood at the side of this 15-year old boy as the police working in relays questioned him hour after hour from midnight until dawn. No lawyer stood guard to make sure that the police went so far and no farther to see to it that they stopped short of the point where he became the victim of coercion. No counsel or friend was called during the critical hours of questioning. A photographer was .

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