Kirby v. Illinois/Concurrence Burger

by Warren Burger

[p691] MR. CHIEF JUSTICE BURGER, concurring.

I agree that the right to counsel attaches as soon as criminal charges are formally made against an accused and he becomes the subject of a "criminal prosecution." Therefore, I join in the plurality opinion and in the judgment. Cf. Coleman v. Alabama, 399 U.S. 1, 21 (dissenting opinion).