Escobedo v. Illinois

Last updated

Escobedo v. Illinois
Seal of the United States Supreme Court.svg
Argued April 29, 1964
Decided June 22, 1964
Full case nameEscobedo v. Illinois
Citations378 U.S. 478 ( more )
84 S. Ct. 1758; 12 L. Ed. 2d 977; 1964 U.S. LEXIS 827; 4 Ohio Misc. 197; 32 Ohio Op. 2d 31
Case history
PriorDefendant convicted in Cook County criminal court; Illinois Supreme Court held statement inadmissible and reversed, February 1, 1963; on petition for rehearing, Illinois Supreme Court affirmed conviction, 28 Ill. 2d 41; cert. granted, 375 U.S. 902.
Subsequentreversed and remanded
Holding
If a police investigation begins to focus on a particular suspect, his statements to the police are excluded if he has been refused counsel.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black  · William O. Douglas
Tom C. Clark  · John M. Harlan II
William J. Brennan Jr.  · Potter Stewart
Byron White  · Arthur Goldberg
Case opinions
MajorityGoldberg, joined by Warren, Black, Douglas, Brennan
DissentHarlan
DissentStewart
DissentWhite, joined by Clark, Stewart
Laws applied
U.S. Const. amends. VI, XIV

Escobedo v. Illinois, 378 U.S. 478 (1964), is a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. [1] The case was decided a year after the court had held in Gideon v. Wainwright that indigent criminal defendants have a right to be provided counsel at trial. [2]

Contents

Background

Danny Escobedo's brother-in-law, Manuel Valtierra, was shot and killed on the night of January 19, 1960. Escobedo was arrested without a warrant early the next morning and interrogated. However, Escobedo made no statement to the police and was released that afternoon.

Benedict DiGerlando, who was in custody and considered to be another suspect, later told the police that Escobedo had indeed fired the fatal shots because the victim had mistreated Escobedo's sister. On January 30, the police again arrested Escobedo and his sister, Grace. While transporting them to the police station, the police explained that DiGerlando had implicated Escobedo and urged him and Grace to confess. Escobedo again declined, and he asked to speak to his attorney, but the police refused by explaining that although he was not formally charged yet, he was in custody and could not leave. His attorney went to the police station and repeatedly asked to see his client but was repeatedly refused access.

Police and prosecutors proceeded to interrogate Escobedo for fourteen-and-a-half hours and repeatedly refused his request to speak with his attorney. While being interrogated, Escobedo made statements indicating his knowledge of the crime. After conviction for murder, Escobedo appealed on the basis of being denied the right to counsel.

Decision

Escobedo appealed to the Illinois Supreme Court, which initially held the confession inadmissible and reversed the conviction. [3] Illinois petitioned for rehearing, and the court then affirmed the conviction. Escobedo appealed to the US Supreme Court, [4] which overturned the conviction in a 5–4 decision. The majority opinion was written by Justice Arthur Goldberg. The ACLU had argued before the Court as amicus curiae in favor of Escobedo. [5] [6]

Later developments

This holding was later implicitly overruled by Miranda v. Arizona in 1966, where the Supreme Court held that pre-indictment interrogations violate the Fifth Amendment, not the Sixth Amendment. As Escobedo was questioned during a custodial interrogation, the result for him would have been the same. [7] [8] [9]

In the years following the decision, Escobedo received 12 felony convictions, including federal charges of selling drugs. He was also convicted of taking indecent liberties with children. While free on an appeal bond with respect to those charges, Escobedo pleaded guilty to attempted murder and was sentenced to 11 years in prison. [10]

See also

Related Research Articles

<i>Miranda</i> warning Notification given by U.S. police to criminal suspects on their rights while in custody

In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."

Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by imposing those requirements upon the states as well.

Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that law enforcement in the United States must warn a person of their constitutional rights before interrogating them, or else the person's statements cannot be used as evidence at their trial. Specifically, the Court held that under the Fifth Amendment to the U.S. Constitution, the government cannot use a person's statements made in response to an interrogation while in police custody as evidence at the person's criminal trial unless they can show that the person was informed of the right to consult with a lawyer before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights but also voluntarily waived them before answering questions.

<span class="mw-page-title-main">Ernesto Miranda</span> American criminal and subject of a United States Supreme Court case

Ernesto Arturo Miranda was an American laborer whose criminal conviction was set aside in the landmark U.S. Supreme Court case Miranda v. Arizona, which ruled that criminal suspects must be informed of their right against self-incrimination and their right to consult with an attorney before being questioned by police. This warning is known as a Miranda warning. Miranda had been convicted of kidnapping, rape, and armed robbery charges based on his confession under police interrogation.

Powell v. Alabama, 287 U.S. 45 (1932), was a landmark United States Supreme Court decision in which the Court reversed the convictions of nine young black men for allegedly raping two white women on a freight train near Scottsboro, Alabama. The majority of the Court reasoned that the right to retain and be represented by a lawyer was fundamental to a fair trial and that at least in some circumstances, the trial judge must inform a defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial.

Danny Escobedo was a Chicago petitioner in the Supreme Court case of Escobedo v. Illinois, which established a criminal suspect's right to remain silent and to have an attorney present during questioning. This case was an important precedent to the famous Miranda v. Arizona decision.

Betts v. Brady, 316 U.S. 455 (1942), was a landmark United States Supreme Court case that denied counsel to indigent defendants prosecuted by a state. The reinforcement that such a case is not to be reckoned as denial of fundamental due process was famously overruled by Gideon v. Wainwright. In the dissent, Justice Hugo Black famously opined that "A practice cannot be reconciled with "common and fundamental ideas of fairness and right which subjects innocent men to increased dangers of conviction merely because of their poverty."

McNeil v. Wisconsin, 501 U.S. 171 (1991), held that the right to counsel secured by the Sixth Amendment and the right to counsel protected by Miranda v. Arizona are separate and distinct, such that invoking one does not implicitly invoke the other.

Massiah v. United States, 377 U.S. 201 (1964), was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the government from eliciting statements from the defendant about themselves after the point that the Sixth Amendment right to counsel attaches.

Wainwright v. Greenfield, 474 U.S. 284 (1986), is a case in which the United States Supreme Court reversed the lower court's finding and overturned the petitioner's conviction, on the grounds that it was fundamentally unfair for the prosecutor to comment during the court proceedings on the petitioner's silence invoked as a result of a Miranda warning.

Texas v. Cobb, 532 U.S. 162 (2001), was a United States Supreme Court case in which the Court held that the Sixth Amendment right to counsel is offense-specific and does not always extend to offenses that are closely related to those where the right has been attached. This decision reaffirmed the Court's holding in McNeil v. Wisconsin (1991) by concluding that the Sixth Amendment right to counsel attaches at the onset of adversarial proceedings.

Malloy v. Hogan, 378 U.S. 1 (1964), was a case in which the Supreme Court of the United States deemed defendants' Fifth Amendment privilege not to be compelled to be witnesses against themselves was applicable within state courts as well as federal courts, overruling the decision in Twining v. New Jersey (1908). The majority decision holds that the Fourteenth Amendment allows the federal government to enforce the first eight amendments on state governments.

Michigan v. Jackson, 475 U.S. 625 (1986), was a case decided by the United States Supreme Court regarding the Sixth Amendment's right to counsel in a police interrogation. In a decision written by Justice Stevens, the Court held that once an accused individual has claimed a right to counsel at a plea hearing or other court proceeding, a waiver of that right during later police questioning would be invalid unless the accused individual initiated the communication.

Frazier v. Cupp, 394 U.S. 731 (1969), was a United States Supreme Court case that affirmed the legality of deceptive interrogation tactics by the police.

Brewer v. Williams, 430 U.S. 387 (1977), is a decision by the United States Supreme Court that clarifies what constitutes "waiver" of the right to counsel for the purposes of the Sixth Amendment. Under Miranda v. Arizona, evidence obtained by police during interrogation of a suspect before he has been read his Miranda rights is inadmissible. Here, however, the defendant had been indicted in court and had asserted his desire to have counsel, thus his Sixth Amendment right to counsel had attached. At issue was whether a voluntary admission of incriminating facts in response to police statements made while the defendant was in custody and outside the presence of his lawyer constituted a waiver of this right to counsel.

The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."

In the United States, a public defender is a lawyer appointed by the courts and provided by the state or federal governments to represent and advise those charged with a crime or crimes who cannot afford to hire a private attorney. Public defenders are full-time attorneys employed by the state or federal governments. The public defender system is one of several types of criminal legal aid, the most common other system being appointed private counsel paid for by the government.

Pointer v. Texas, 380 U.S. 400 (1965), was a decision by the United States Supreme Court involving the application of the right of to confront accusers in state court proceedings. The Sixth Amendment in the Bill of Rights states that, in criminal prosecutions, the defendant has a right "...to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor..." In this case, a person arrested in Texas for robbery was deprived of the ability to cross-examine a witness when the lower court allowed the introduction of a transcript of that witness's earlier testimony at a preliminary proceeding instead of compelling attendance by the witness at trial.

Edwards v. Vannoy, 593 U.S. ___ (2021), was a United States Supreme Court case involving the Court's prior decision in Ramos v. Louisiana, 590 U.S. ___ (2020), which had ruled that jury verdicts in criminal trials must be unanimous under the Sixth Amendment to the U.S. Constitution. The Supreme Court ruled 6–3 that Ramos did not apply retroactively to earlier cases prior to their verdict in Ramos.

Crooker v. California, 357 U.S. 433 (1958), was a decision by the Supreme Court of the United States that limited criminal suspects' constitutional right to counsel before trial, refusing to overturn a subsequent conviction without a showing that the refusal of counsel had a coercive or prejudicial effect. This holding was later overturned by Escobedo v. Illinois and Miranda v. Arizona.

References

  1. Escobedo v. Illinois, 378 U.S. 478 (1964).
  2. Gideon v. Wainwright , 372 U.S. 335 (1963).
  3. Gary R. Hartman; Roy M. Mersky; Cindy L. Tate (May 14, 2014). Landmark Supreme Court Cases: The Most Influential Decisions of the Supreme Court of the United States. Infobase Publishing. pp. 159–. ISBN   978-1-4381-1036-3.
  4. Callie Marie Rennison; Mary Dodge (January 6, 2015). Introduction to Criminal Justice: Systems, Diversity, and Change. SAGE Publications. pp. 163–. ISBN   978-1-4833-1145-6.
  5. "Escobedo v. Illinois". Oyez.
  6. Livingston Hall (1969). Modern Criminal Procedure: Cases, Comments, and Questions. West Publishing Company.
  7. Mitchel P. Roth (June 2, 2010). Crime and Punishment: A History of the Criminal Justice System. Cengage Learning. pp. 281–. ISBN   978-0-495-80988-3.
  8. Joan Biskupic; Elder Witt (1997). The Supreme Court and individual rights. Congressional Quarterly. ISBN   9781568022390.
  9. Paul Ruschmann (2007). Miranda Rights. Infobase Publishing. pp. 106–. ISBN   978-1-4381-0610-6.
  10. Myers, “Escobedo Sentenced to 11 Years for Murder Attempt,” Chicago Tribune (March 5, 1987).

Further reading