TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P23

Gale Encyclopedia of American Law Volume 12 P23 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 207 Amendment to the Constitution as made obligatory upon the states by the Fourteenth Amendment Gideon v. Wainright 372 . at 342 and that no statement elicited by the police during the interrogation may be used against him at a criminal trial. Escobedo v. Illinois supra 378 . at 490 and 491. Of the five specific elements which might be set forth as 1 Accusatory Stage 2 Police Custody 3 Interrogation to elicit incriminating statements 4 Request and Denial of an opportunity to consult counsel and 5 Effective Warning of his absolute right to remain silent petitioner contends that only 4 is absent here and that its absence is not crucial. Both premises are incorrect. The Arizona Court clearly considered that Miranda had been warned of his absolute right to remain silent. The facts cited in that opinion together with the Appendix to Petitioner s Brief provided an ample basis for such a conclusion. And to discount item 4 concerning the request is to completely ignore not only the plain wording of the opinion in Escobedo but to completely disregard the factual and legal bases for the opinions cited in petitioner s historical analysis as demanding the ultimate ruling sought herein. . Crooker v. California supra Douglas J. dissenting 5 Spano v. New York 360 . 315 325 1959 Douglas J. concur-ring .35 36 The court lays a great stress on this factor together with the failure of the police to warn the accused of his absolute right to remain silent. Escobedo v. Illinois supra 378 . at 479 480 481 482 485 486 491 492. There are two other matters in the opinion itself which militate against petitioner s sought-for rule being all but announced. They are 1 The treatment accorded the prior decisions of this Court in Crooker v. California supra 357 . 433 and Cicenia v. LaGay supra 357 . 504 and 2 The Court s special and 35 This demand for an attorney was made over and again prior to the time a confession was extracted from

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