Learning Objectives
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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
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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.
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