List of Landmark Court Decisions in The United States - Criminal Law - Right To An Attorney

Right To An Attorney

  • Gideon v. Wainwright, 372 U.S. 335 (1963) Anyone charged with a serious criminal offense has the right to an attorney and the state must provide one if they are unable to afford legal counsel.
  • Escobedo v. Illinois, 378 U.S. 478 (1964) A person in police custody has the right to speak to an attorney.
  • Miranda v. Arizona (and Westover v. United States, Vignera v. New York, and California v. Stewart) 384 U.S. 436 (1966) Police must advise criminal suspects of their rights under the Constitution to remain silent, to consult with a lawyer and to have one appointed if the suspect is indigent. The interrogation must stop if the suspect states he or she wishes to remain silent.
  • In re Gault 387 U.S. 1 (1967) Juveniles accused with a crime are protected under the due process clause of the Fourteenth Amendment.
  • Montejo v. Louisiana, 556 U.S. 07-1529 (2009) A defendant may waive his right to counsel for police interrogation, even if police initiate the interrogation after the defendant's assertion of his right to counsel at an arraignment or similar proceeding. This decision overruled Michigan v. Jackson.

Read more about this topic:  List Of Landmark Court Decisions In The United States, Criminal Law

Famous quotes containing the words right to and/or attorney:

    What does it matter whether I am shown to be right! I am right too much!—And he who laughs best today will also laugh last.
    Friedrich Nietzsche (1844–1900)

    I always was of opinion that the placing a youth to study with an attorney was rather a prejudice than a help.... The only help a youth wants is to be directed what books to read, and in what order to read them.
    Thomas Jefferson (1743–1826)