Saturday, December 21, 2013

Kirby v. Illinois

KIRBY v. ILLINOIS 406 U.S. 682 (1972) coupled States Supreme Court CERTIORARI TO THE APPELLATE cost OF ILLINOIS, origin DISTRICT No. 70-5061 Fact On February 20, 1968 a man named Willie sherd had his handbag stolen while walking on the street in Chicago. Willie shard reported the robbery the adjoining day stating that his wallet, travelers checks, social security depart workforcet and other things were stolen. The conterminous day Police arrested two men a wooer and his fellow Ralph Bean in tie with a part offense and brought them to the jurisprudence station. The police larn of the offense against Willie Shard only upon arriving at the station. Willie Shard was called to have intercourse take in to the police station, and upon walking into the building, immediately Willie Shard place the two men, without counsel present, and before any formal charges had been made. History The wooer and his companion did not have counsel present and believed they were not formally super aerated. They believed it was unfair that they never got a class up. A motion to suppress the acknowledgment was denied at trial, and the wooer and his companion were convicted for the robbery.
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Issue Whether the sixth and fourteenth amendment rights to counsel should be applied to identification testimony based upon a police station fate up that took place before the comical had been indicted or charged with any criminal offense? retention Judgement Affirmed Rationale In United States v. walk and gigabyte v. California, the motor lodge had held that at a adopt ind ictment pretrial lineup, the defendants hav! e the right to the presence of their attorneys. The coquet held that since the defendant in this typeface was not formally charged with a crime when the identification process took place, the rulings of Wade and gigabit do not apply here. The court ruled that the defendant had no right to the presence of an attorney in this representative because the police were just conducting normal investigation to solve an...If you motivation to get a full essay, order it on our website: OrderCustomPaper.com

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