Escobedo+v.+Illinois

=Escobedo v. Illinois  = = = 
 * Year the Supreme Court heard this case:** 1964 1/1

2/2


 * Summary:** When Danny Escobedo's brother-in-law was murdered, the police saw him to be one of the number one TOP suspects. He was arrested twice, and on his second arrest he was denied contact to his attorney. Escobedo's attorney was also not allowed to see him while he was in SPELLING - PROOF READ! The police were able to get a confession out of Escobedo after telling him that his buddy, who was also a suspect, ratted him out, claiming that Escobedo did kill his brother-in-law. Escobedo appealed his conviction of murder because his lawyer was not present during the confession COMMA which broke his right to counsel.

Six weeks before this case reached the Supreme Court, the case of Massiah v. United States ITALICS was being ruled. This case was very similar to Escobedo's because the defendant claimed that his right to counsel was broken when the police used his accomplice to obtain a confession from him after being released from jail and without a lawyer present. The defendant was able to win the case since the police had violated the 6th Amendment which gives a person right to counsel. 4.5/5


 * Constitutional/Legal issue:** To what extend should the 6th Amendment prohibit law enforcement from obtaining a confession to a crime? WHICH PART OF THE SIXTH AMENDMENT? BE SPECIFIC! 4/5

5/5
 * Decision:** The high court ruled that Escobedo's right to counsel had been broken. Their reasoning was that the police did not follow out the process of interrogation accurately because Escobedo was never aloud to see his attorney and he was not told his right to remain silent. The court was 50/50 on making the initial decision WHAT DO YOU MEAN? ; the vote was 5-4.

4/5
 * Significance:** This case is important because it effected SP the later decisions in the case that led to the Miranda Rights. Now days in cases like these the court is less likely to think that the right to counsel has been broken if the person was given their Miranda Rights. PART OF A LARGER MOVEMENT IN THE 1960s WHILE EARL WARREN WAS CHIEF JUSTICE - PROTECTION OF THE RIGHTS OF THE ACCUSED

Sources: (n.d.). //Escobedo v. illinois//. Retrieved from http://legal-dictionary.thefreedictionary.com/Escobedo+v.+Illinois (n.d.). //Legal cartoon//. Retrieved from http://www.stus.com/images/products/cpr0082.gif (n.d.). //Danny escobedo mug shots//. Retrieved from http://www2.maxwell.syr.edu/plegal/tips/t4prod/zeitchickwq5_files/image003.jpg

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23/25 = 92% (B+) GOOD WORK - SEE COMMENTS ABOVE