Posted by 
By p>John B. Taylor
An broad research of 2 complementary rights of the accused, their interpretation via the U.S. ideal courtroom, and the continuing debate over their position within the felony justice system.
• Alphabetized set of entries on significant personalities similar to Joseph McCarthy and judicial judgements equivalent to the Miranda choice and Gideon v. Wainwright
• Annotated bibliography containing a whole checklist of references, together with a list of secondary assets pointed out in the course of the book
Read Online or Download Right to Counsel and Privilege against Self-Incrimination. Rights and Liberties under the Law PDF
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Additional resources for Right to Counsel and Privilege against Self-Incrimination. Rights and Liberties under the Law
Example text
At the most basic level of all is the reality that, even though today little dispute exists in principle about the right to counsel or about the unacceptability of some means of compelling incriminating statements, the process of realizing those protections in actual practice has been uncertain and arduous. The principal reason for that sad fact is that neither the Sixth Amendment right to counsel nor the Fifth Amendment privilege against self-incrimination protected persons accused in state criminal proceedings until the mid-twentieth century.
Judge Hawkins reluctantly declared a mistrial in Wright’s case but formally sentenced the other eight defendants to death. Many white Southerners were pleased that a mass lynching had been averted and that justice had been served. Many others felt differently, however, and the case had aroused so much attention that a three-way battle now ensued for control of the defense of the Scottsboro Boys in further proceedings. The National Association for the Advancement of Colored People (NAACP) wished to take over the case for obvious reasons; the International Labor Defense (ILD) wanted to use it to further the political goals of the communist movement; and Stephen Roddy and Milo Moody, who had leverage as the attorneys of record, wished to pursue it for financial gain.
The common-law judges sometimes intervened to prohibit compelled testimony, but generally only in cases of egregious violation, especially when the action of the ecclesiastical court impinged on the sphere of the common-law court (Helmholz et al. 1997, 7–8, 48–54, 80–81). com ABC-CLIO 1-800-368-6868 Origins and Early Development 31 the procedures of the ecclesiastical rather than the common-law courts and thus employed the oath ex officio. The Star Chamber became an increasingly important and, by the early seventeenth century, feared instrument of royal control, especially as the events of the English civil war unfolded.