Word: escobedo
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...debate over Escobedo. In striking contrast to Britain, the U.S. has enshrined the privilege against self-incrimination in its written Constitution for 175 years-but has yet to make police live...
Unseen Son. It was just such a swearing contest that created Escobedo v. Illinois, but in that case the nation's highest tribunal upheld the defendant -something that still awes Danny Escobedo, now 28 and long familiar with police stations. At his height, Danny hardly seems a threat to any healthy policewoman; yet he has managed to get himself picked up twice for "investigation" and arrested five times on charges ranging from assault to murder, including two arrests since his release for packing a pistol and selling barbiturates. So far, he has beaten every...
...circumstances." In each case, the court tried to reconstruct the suspect's ability to resist the forces arrayed against him. The results were confusing. To weigh "totality," the court developed no fewer than 38 criteria, such as whether police conduct "shocked the conscience." In two cases similar to Escobedo, police barred the suspects' lawyers; one confession came after seven hours, the other after twelve. While voiding the first, the court upheld the second. All this left lower courts to decide voluntariness almost as they pleased...
...felony cases without question. In May 1964, Massiah v. U.S. moved the right to counsel back to the pretrial stage of indictment. In June of that year, Malloy v. Hogan made the Fifth Amendment binding on states. A week later Escobedo reversed Danny's conviction after he had spent 4½ years in prison-and moved the Constitution, and lawyers, into the police station. The court made it clear that criminal prosecutions actually start in the squeal room. To bar legal aid at that crucial stage, it ruled, "would make the trial no more than an appeal from...
...long run, be less reliable than a system which depends on extrinsic evidence independently secured through skillful investigation. If the exercise of constitutional rights will thwart the effectiveness of a system of law enforcement, then there is something very wrong with that system." Despite this manifesto, the basic Escobedo rule was actually limited. "We hold only," said the opinion, "that when the process shifts from investigatory to accusatory -when its focus is on the accused and its purpose is to elicit a confession-our adversary system begins to operate, and, under the circumstances here, the accused must be permitted...