• Last updated on November 11, 2022

The Supreme Court’s decision further expanded the defendant’s right to counsel beyond its 1966 ruling.

Wade, a defendant in a bank robbery case, was placed in a police lineup without having an attorney present. In the lineup, he and the others were required to wear a mask and say, “Put the money in the bag.” By a 5-4 vote, the Supreme Court held that this setting and the required statement were self-incriminating and in violation of the Fifth Amendment. In his opinion for the Court, Justice William J. Brennan, Jr., overturned Wade’s conviction and stated that the lineup was a critical stage in the proceedings, mandating the appointment of counsel for indigents. The Court’s decision greatly expanded the right to counsel that had already been increased by Miranda v. Arizona[case]Miranda v. Arizona[Miranda v. Arizona] (1966). Chief Justice Earl Warren and Justice William O. Douglas joined in an opinion written by Justice Abe Fortas overturning the conviction but rejecting the Court’s finding that the lineup procedures were self-incriminating. Justices John M. Harlan II and Potter Stewart joined in a dissent by Justice Byron R. White upholding the conviction and rejecting the Court’s view that the lineup is a critical stage in the proceedings. Justice Hugo L. Black upheld the conviction but rejected the Court’s holding that the lineup constituted self-incrimination.Counsel, right to;Wade, United States v.[Wade, United States v.]

Counsel, right to

Due process, procedural

Escobedo v. Illinois

Gideon v. Wainwright

Malloy v. Hogan

Miranda v. Arizona

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