Word: escobedo
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...graduate who got his first legal experience in the Army, arguing 300 military appeals cases. Out of the Army in 1962, Kroll joined a Chicago law firm and found himself picked off a bar list to handle one of the most important confession cases in U.S. legal history-Escobedo v. Illinois. Last June the Supreme Court upheld Kroll's argument, ruling that the right to counsel begins when police start grilling a suspect (see following story). Kroll got no fee, agreed to work entirely apart from his law-firm job. "Do it again?" he says...
...decision came from the highest federal court thus far to expand last June's now famous U.S. Supreme Court decision in Escobedo v. Illinois. In that case the Supreme Court reversed Chicago Laborer Danny Escobedo's murder conviction because he had confessed after the police refused to let him see his lawyer, who was waiting at the station house. Rather vaguely, the court held that the right to counsel begins when police start grilling a prime suspect...
Because 75% to 80% of all convictions for serious crimes are based on presumably voluntary confessions, police and prosecutors have been in a tail spin ever since. And because the Supreme Court has yet to clarify Escobedo with any new decision, some 27 lower courts have groped for the right interpretation. Last year the Illinois Supreme Court took the "hard" approach in People v. Hartgraves. It said that a confession is admissible even though the police do not advise a suspect of his rights to counsel and silence. Last January the California Supreme Court took the "soft" approach in People...
before it rules on how Escobedo should be interpreted throughout the country...
...Escobedo v. Illinois (1964) decided that the right to have counsel present begins when police start grilling a prime suspect. The court ruled that Chicago Laborer Danny Escobedo had been forced to confess to a murder without legal aid. After Danny had spent 41 years in jail, Illinois dropped the charges...