TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P22

Gale Encyclopedia of American Law Volume 12 P22 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 197 denial of equal protection to say that this is a right only for those well educated enough to know about it. But one need not reach to constitutional principle there are practically equally important workaday considerations. As is well developed by Judge Smith in United States v. Richmond 197 F. Supp. 125 129 D. Conn. 1960 Statements elicited during questioning are bound to be colored to some extent by the purpose of the questioner who inevitably leads the witness in the absence of court control. This coloring is compounded where the statement is not taken down stenograph-ically but written out as a narrative in language supplied by the questioner. Where the state of mind of the defendant is an issue in the case as in determining the degree of a homicide this wording of his account of the crime is of vital importance. Had counsel been available to Reid he might have advised Reid of the danger to one on trial for his life on charges such as were faced by Reid of adopting the language of another in a statement signed by him. Reid appears to have been suggestible as might be expected in view of his age mentality and education. 42 Judge Smith s highly practical observations are of special application in the instant case. We deal here with rape and with what is on the facts an actual issue of This defendant was obviously led in his alleged talk about vagina and penis and had he not made or acquiesced in this very clearly led statement might have been convicted for a lesser offense. CONCLUSION The day is here to recognize the full meaning of the Sixth Amendment. As a matter of constitutional theory and of criminal procedure if a defendant cannot waive counsel unwittingly in one part of the conviction procedure he should not be able to waive it at another. As a matter of practicality in law enforcement we cannot know the precise effects of giving counsel at the beginning as the law does at the end but we can know

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