Withrow v. Williams, 507 U.S. 680, 9 (1993)

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688

WITHROW v. WILLIAMS

Opinion of the Court

responsibilities" would not likely raise tensions between the

state and federal judicial systems. Ibid.

In a third instance, in Kimmelman v. Morrison, supra, we again declined to extend Stone, in that case to bar habeas review of certain claims of ineffective assistance of counsel under the Sixth Amendment. We explained that unlike the Fourth Amendment, which confers no "trial right," the Sixth confers a "fundamental right" on criminal defendants, one that "assures the fairness, and thus the legitimacy, of our adversary process." 477 U. S., at 374. We observed that because a violation of the right would often go unremedied except on collateral review, "restricting the litigation of some Sixth Amendment claims to trial and direct review would seriously interfere with an accused's right to effective representation." Id., at 378.

In this case, the argument for extending Stone again falls short.4 To understand why, a brief review of the derivation of the Miranda safeguards, and the purposes they were designed to serve, is in order.

The Self-Incrimination Clause of the Fifth Amendment guarantees that no person "shall be compelled in any criminal case to be a witness against himself." U. S. Const., Amdt. 5. In Bram v. United States, 168 U. S. 532 (1897), the Court held that the Clause barred the introduction in federal cases of involuntary confessions made in response to custodial interrogation. We did not recognize the Clause's applicability to state cases until 1964, however, see Malloy v. Hogan, 378 U. S. 1; and, over the course of 30 years, beginning with the decision in Brown v. Mississippi, 297 U. S. 278 (1936), we analyzed the admissibility of confessions in such cases as a question of due process under the Fourteenth Amendment. See Stone, The Miranda Doctrine in the Burger Court, 1977 S. Ct. Rev. 99, 101-102. Under this ap-4 We have in the past declined to address the application of Stone in this context. See, e. g., Duckworth v. Eagan, 492 U. S. 195, 201, n. 3 (1989); Wainwright v. Sykes, 433 U. S. 72, 87, n. 11 (1977).

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