Word: escobedo
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...extracting confessions. For decades, that system has thrived on the fact that most people are not aware of their constitutional right to silence. By holding that suspects may need lawyers to protect that right not merely in court but in the police station, the court's decision in Escobedo v. Illinois posed a cop's nightmare-no more confessions...
...often happens in great constitutional dramas, the starring player was a nobody: Danny Escobedo, 26, 5 ft. 5 in., 106 Ibs., a Chicago laborer serving 20 years for first-degree murder. Like most convicts, Danny was sure he had taken a bum rap. In his case, the Supreme Court agreed. Danny had confessed to complicity in his brother-in-law's murder, but only after Chicago police had refused to let him see his lawyer, who was in the station house trying to see him.* Not only did the court void Danny's confession: it held that every...
...accepting five new confession cases. They raise six vital issues: 1) When do a suspect's constitutional rights begin? 2) Must police inform him of those rights? 3) Does he need a lawyer to waive them? 4) Are indigents entitled to lawyers in the police station? 5) Does Escobedo retroactively threaten pre-1964 confessions? 6) To what extent does it forbid the whole process of U.S. police interrogations...
Lawyers for the states and the Justice Department implored the court to the contrary. Don't expand the limited Escobedo ruling in ways that handcuff police interrogation, they said. Don't forget society's rights and Benjamin Cardozo's words: "Justice, though due the accused, is due the accuser also." Don't abandon "totality of circumstances" in judging whether confessions are free or coerced. Don't assume that "focus" is workable as an objective test. Don't expect judges to reconstruct just when the focus point was reached or whether the suspect really...
...Essential. In the same pioneering vein, Traynor suggested in 1961 that a suspect is entitled to a lawyer as soon as the police are prepared to charge him. In 1964 the Supreme Court followed that path in Escobedo v. Illinois, the case that police now fear will eliminate all confessions. Indeed, California's Justice Mathew Tobriner amplified Escobedo last January by holding for the court in People v. Dorado that police failure to advise a suspect of his rights to counsel and to silence voids his confession, even though he may not have asked for a lawyer. Last spring...