Data Bases
Custom Term Papers
Free Term Papers
Free Research Papers
Free Essays
Free Book Reports
Plagiarism?
Links
Top 100 Term Paper Sites
Top 25 Essay Sites
Top 50 Essay Sites
Search 97,000 Papers @ DirectEssays.com
Search 101,000 Papers @ ExampleEssays.com
Search 90,000 Papers @ MegaEssays.com
Free Essays
Term Paper Sites
Chuck III's Free Essays
Free College Essays
TermPaperSites.com
My Term Papers
Get Free Essays
Essay World
Planet Papers
Search Lots of Essays
Back to Subjects
-
Miscellaneous
ESCOBEDO V ILLINOI
ESCOBEDO V ILLINOI History: The Supreme Court case, Escobedo v. Illinois in 1964, involved the violations of a person’s right to counsel and of a person’s right to remain silent after being arrested for a crime. Facts: Danny Escobedo was arrested and taken into police headquarters for interrogation in connection with the murder of his brother-in-law. While being held, Escobedo made several attempts to see his lawyer, who was present in the building, but he was denied the right to access him. During this interrogation, the police also failed to advise him of his right to remain silent, and after persistent questioning by the police, he made a self-incriminating statement which was admitted during the trial and helped to Issues: 1.Does this case violate the 5th Amendment, which gives the suspect the right not to self-incriminate oneself. 2.Does the case violate the 6th Amendment, which prohibits the accused from being denied the right to counsel? 3.Does this case violate the 14th Amendment, which gives the accused the right to due process? Decisions: 1.Yes, the Court ruled that, under the 5th Amendment right of Escobedo had been violated. 2. Yes, the Court ruled that no system worth preserving should have to fear a person’s right to use counsel. 3. Yes, the court ruled that Escobedo had not received his due process. Reasoning: The majority opinion, written by Justice Arthur J. Goldberg, struck down Escobedo’s conviction by a narrow vote of 5 to 4. Justice Byron R. White wrote the minority opinion which said that the right to counsel “now not only entitles the accused to counsel’s advice and aid in preparing for trial, but stands as an impenetrable barrier to any interrogation once the accused has become a suspect.” Bibliography:
Word Count: 292
Copyright © 2005
College Term Papers
, INC All Rights Reserved.