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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Kirby v. Illinois ： ウィキペディア英語版 Kirby v. Illinois ''Kirby v. Illinois'', 406 U.S. 682 (1972), was a case decided by the Supreme Court of the United States that held that the Sixth Amendment right to counsel did not attach during a pre-indictment identification.〔R.J. Allen, J.L. Hoffman, D.A. Livingston, and W.J. Stuntz. ''Comprehensive Criminal Procedure, Second Edition.'' Aspen Publishers, New York: 2005, p. 258〕 ==Factual background== On February 21, 1968 in Chicago, Willie Shard reported to police that he was robbed by two men that had taken his wallet. The wallet contained his Social Security card and traveler's checks. On February 22, 1968, police stopped Thomas Kirby and Ralph Bean and asked for identification. Kirby produced a Social Security card bearing the name Willie Shard, and police noticed he also carried traveler's checks. Kirby said he won them in a game, but he and Bean were arrested and taken to the police station.〔''Kirby v. Illinois'', 406 U.S. 682, 684 (1972)〕 Shard was brought to the police station, and upon seeing Kirby and Bean seated at a table identified them as the men who robbed him. Kirby and Bean did not have counsel present, and they had not been advised of their rights. Kirby and Bean were indicted six weeks later for the robbery of Shard, where they were appointed counsel. A pretrial motion by Kirby to exclude the police station identification was denied. A jury convicted both defendants of robbery. Kirby's conviction was affirmed on appeal, where the Illinois appellate court held that the Supreme Court precedents ''United States v. Wade''〔388 U.S. 218〕 and ''Gilbert v. California''〔388 U.S. 263〕 did not require exclusion of the identification because it was made before the indictment.〔''People v. Kirby'', 121 Ill.App.2d 323〕 The Supreme Court granted certiorari to determine if Kirby had a right to counsel at that pre-indictment showup identification.〔402 U.S. 995〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Kirby v. Illinois」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.