Articles Tagged with sixth amednment

Today marks the 56th anniversary of the landmark Supreme Court decision in Hamilton v. Alabama[1]. Hamilton[2] stands for the simple proposition that the 14th amendment due process clause incorporates your sixth amendment right to counsel against the states, meaning you must be allowed to have a lawyer at your arraignment.

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The Case

The case behind the Hamilton decision is stunning for the nature of the crime at the center of the case. In the mid 1950’s Mr. Hamilton was arrested and charged with Burglary with intent to Ravish which at the time was a capital offense. Mr. Hamilton, being indigent was unable to afford an attorney. This case occurred before the landmark case of Gideon v. Wainwright[3][4] which guaranteed indigent people the right to counsel. As such, Mr. Hamilton was not given an attorney, and at his arraignment Mr. Hamilton plead not guilty.

In the history of Supreme Court jurisprudence, there is perhaps no greater rights that has been drilled into the minds of the public than those of the “Miranda Warning”. From movies to television shows, Law and Order to CSI, no phrase is more ubiquitous in cop dramas than the warnings enshrined in Miranda. However, these warnings, in their ubiquity are not fully understood by the American public. Such ignorance; the very reason why the Supreme Court enshrined these rights[1], has proven the warnings ineffective at actually informing suspects of what their rights actually mean.

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What is a Miranda Warning

The Miranda warning developed from the 1966 case of Miranda v. Arizona[2]. In this landmark decision the Supreme Court consolidated four cases of individuals who, during police interrogations, where not specifically informed of either their fifth amendment right to remain silent[3], their sixth amendment right to counsel[4], or both of these rights. All four cases also involved suspects who sat through between two and fourteen hours of police interrogations before they confessed.