Word: escobedo
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Pride & Problems. Widely praised as it is, though, Gideon has inevitably raised problems. It pointed the way for Escobedo v. Illinois (1964), which recognize an accused's right to see his lawyer during police interrogation and started the current U.S. confession controversy, and it has not been easy to apply in such judicial crises as last summer's Watts riot, which swamped Los Angeles courts with more than 4,000 indigent Negro defendants. The N.A.A.C.P. Legal Defense Fund charges that the arrested Negroes got almost no legal aid. But the California Supreme Court has refused to hear...
...picked up his parcel, U.S. customs agents arrested him. Minutes later, while walking to a Government car, Cone confessed; he freely gave evidence that helped earn him a five-year sentence for smuggling narcotics. Later he appealed, basing his argument on the Supreme Court's controversial 1964 decision Escobedo v. Illinois, which ruled that when investigation shifts to accusation, police must tell all suspects of their rights to silence and to counsel-and that any confession made without such warning is invalid and cannot be used against the suspect...
Last week the U.S. Court of Appeals for the Second Circuit (New York, Vermont, Connecticut) rejected Cone's claim that his confession was inadmissible under Escobedo because he was not warned of his rights although the arresting customs agents had reached the accusatory stage-in short, the time when they felt they had their man. By a vote of 7 to 1, the court bypassed Escobedo and ruled instead that Cone's admissions were purely voluntary...
Circuit v. Circuit. With those words, the judge unmistakably chose sides in the hottest debate in U.S. criminal law today. To alarmed police and prosecutors, Escobedo is a bar to using any confession in court-a practice that former New York Police Commissioner Michael J. Murphy, for example, called "essential to conviction" in 50% of the city's murders. And with no clarifying word from the Supreme Court, Escobedo has sharply divided lower courts across the country. Many take the "hard" line that a confession is inadmissible only if the suspect had a lawyer and was not allowed...
Until last fall, Graves's conviction would have stood like Gibraltar. But in Escobedo v. Illinois, the Supreme Court ruled that the right to counsel begins when police shift from investigation to accusation. And in People v. Dorado, which the Supreme Court recently refused to review, California's highest state court went even further. It ruled that police failure to advise a suspect of his rights to counsel and silence invalidates his confession even if he does not ask for a lawyer...