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Perhaps no one was more pleased than Chicago Lawyer Barry Kroll, who won the historic Escobedo case in the Supreme Court. "This decision means that the poor, uneducated and uninformed can now enjoy the rights that were previously only enjoyed by the wealthy and sophisticated," said Kroll. "The Escobedo case is now part of legal history. It will be looked upon as a real turning point in the administration of criminal law in this country...

Author: /time Magazine | Title: The Supreme Court: New Rules for Police Rooms | 6/24/1966 | See Source »

...astonishment, Danny soon learned that Lawyer Farrug had told the exact truth. While polishing Danny's petition, Farrug enlisted the best appellate advocate he could find: Barry Kroll, 28, who had joined Farrug's Chicago firm after arguing 300 military appeals cases in the Army. In 1962, "starting the best experience I've ever had," the brilliant young Kroll urged the Illinois Supreme Court to reverse Danny's conviction, which it did on the grounds of false promises by the detective who persuaded Danny to talk...

Author: /time Magazine | Title: Criminal Justice: Concern About Confessions | 4/29/1966 | See Source »

...rehearing, though, the state pointed out that the detective had denied the promises, and the court reversed itself. Kroll vainly argued a new theory: that Danny's statement became ipso facto involuntary, and therefore inadmissible, as soon as the police turned away his lawyer. Kroll hoped to end "swearing contests" on the voluntariness of confessions by establishing an objective test: if police violate a specific rule, any confession they elicit is automatically excluded. Kroll's proposed rule was the Illinois statute guaranteeing access to a lawyer. But the court recoiled from enforcing it: such...

Author: /time Magazine | Title: Criminal Justice: Concern About Confessions | 4/29/1966 | See Source »

...When Kroll appealed Danny's case to the U.S. Supreme Court, his idea for an objective test of police procedure reached friendlier territory. In federal jurisdiction, the FBI routinely warns all suspects of their rights to silence and to counsel; if a federal suspect talks, the prosecution must prove that he "intelligently and knowingly" waived his rights. Moreover, the Supreme Court's 1957 Mallory rule bars prolonged federal interrogation. On arrest, a federal defendant must be taken "without unnecessary delay" before the nearest U.S. commissioner, who reiterates his rights and furnishes a lawyer if the suspect cannot afford...

Author: /time Magazine | Title: Criminal Justice: Concern About Confessions | 4/29/1966 | See Source »

...Chicago's Barry Kroll, 30, is a 1960 Michigan Law 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...

Author: /time Magazine | Title: Lawyers: Colleagues in Conscience | 6/11/1965 | See Source »

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