Description

Learning Objectives

After reading this chapter, you

should be able to do the following:

 Describe the origin of the Sixth

Amendment Right to Counsel, and

how the Supreme Court expanded

the right to counsel in the 20th

century to require representation

for criminal defendants upon arrest,

trial, and appeal.

 Describe what is meant by the “effect-

tive assistance of counsel” and how

the Supreme Court integrated that

concept into the Sixth Amendment.

 Trace the evolution and expansion of

the right against self-incrimination as

part of the Court’s criminal process-

dure “revolution.”

Criminal Due Process

Stockbyte/Getty Images

9

In all criminal prosecutions, the accused shall enjoy the right . . .

to have the Assistance of Counsel for his defense.

—Right to Counsel Clause, Sixth Amendment

 Identify the “Miranda warnings,” the time at which the police are required to administer them, the

consequences if they fail to do so, and the exceptions to Miranda.

 Trace the constitutional development of the Eighth Amendment as it applies to capital punishment and

social forces that have contributed to its meaning.

 Analyze why the Supreme Court invalidated the death penalty in Furman v. Georgia (1972) and later

reinstituted it in Gregg v. Georgia (1976).

 Articulate under what conditions states may impose the death penalty and the categorical exceptions

the Court has created to the imposition of the death penalty.