Johnson v. New Jersey (384 U.S. 719)/Concurrence Clark

by Tom C. Clark

United States Supreme Court

384 U.S. 719

Johnson  v.  New Jersey

 Argued: March 1 and 2, 1966. --- Decided: June 20, 1966

Mr. Justice CLARK concurs in the opinion and judgment of the Court. He adheres, however, to the views stated in his separate opinion in Miranda v. Arizona, 384 U.S. 499, 86 S.Ct. 1640.

Mr. Justice HARLAN, Mr. Justice STEWART, and Mr. Justice WHITE concur in the opinion and judgment of the Court. They continue to believe, however, for the reasons stated in the dissenting opinions of Mr. Justice Harlan and Mr. Justice White in Miranda v. Arizona and its companion cases, 384 U.S. 504, 526, 86 S.Ct. 1643, 1655, that the new constitutional rules promulgated in those cases are both unjustified and unwise.

Mr. Justice BLACK, with whom Mr. Justice DOUGLAS joins, dissents from the Court's holding that the petitioners here are not entitled to the full protections of the Fifth and Sixth Amendments as this Court has construed them in Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, and Miranda v. Arizona, 384 U.S., p. 436, 86 S.Ct., p. 1602, for substantially the same reasons stated in his dissenting opinion in Linkletter v. Walker, 381 U.S. 618, at 640, 85 S.Ct. 1731, at 1743.

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