Cite as: 532 U. S. 162 (2001)
Breyer, J., dissenting
versarial proceedings, he should not be forced to confront the police during interrogation without the assistance of counsel. See post, at 179-181. But the acceptance of counsel at an arraignment or similar proceeding only begs the question: acceptance of counsel for what? It is quite unre-markable that a suspect might want the assistance of an expert in the law to guide him through hearings and trial, and the attendant complex legal matters that might arise, but nonetheless might choose to give on his own a forthright account of the events that occurred. A court-made rule that prevents a suspect from even making this choice serves little purpose, especially given the regime of Miranda and Edwards.
With these further remarks, I join in full the opinion of the Court.
Justice Breyer, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join, dissenting.
This case focuses upon the meaning of a single word, "offense," when it arises in the context of the Sixth Amendment. Several basic background principles define that context.
First, the Sixth Amendment right to counsel plays a central role in ensuring the fairness of criminal proceedings in our system of justice. See Gideon v. Wainwright, 372 U. S. 335, 344 (1963); Powell v. Alabama, 287 U. S. 45, 57 (1932).
Second, the right attaches when adversary proceedings, triggered by the government's formal accusation of a crime, begin. See Brewer v. Williams, 430 U. S. 387, 401 (1977); Kirby v. Illinois, 406 U. S. 682, 689 (1972); Massiah v. United States, 377 U. S. 201, 206 (1964).
Third, once this right attaches, law enforcement officials are required, in most circumstances, to deal with the defendant through counsel rather than directly, even if the defendant has waived his Fifth Amendment rights. See Michigan v. Jackson, 475 U. S. 625, 633, 636 (1986) (waiver
177
Page: Index Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: October 4, 2007