Citation: 378 U.S. 478, (1964)
Merits
Danny Escobedo, the petitioner, had asked to speak with his attorney before being formally charged and interrogated, but the police offers deny his request.
Appellate Procedure
Escobedo made an appeal to the Illinois Supreme Court after they held the confessions inadmissible and even reversed the conviction. The court later affirmed the sentence after honoring the appeal and petitioning for a rehearing. He then appealed to the United States Supreme Court, and he was eventually favored after the ACLU argued before the Supreme Court as Amicus Curiae.
Issue
A suspect is taken into police custody for any crime and questioned despite requesting to speak to an attorney. A suspect is not informed of the right to remain silent during the arrest process. The two instances show that the suspect has been denied the rights to effective assistance of the counsel which is found in the sixth amendment.
Reasoning
Application
Justice John Marshall Harlan expressed his opinions based on the fact that it would bring other obstacles in the enforcement of other legitimate law methods. Law statements made by police would be considered inadmissible without the suspect waiving their rights to legal counsel.
Conclusion
The case appears confusing as some scholars claim it has a widespread application while others believe it would be applied to specific facts. The case would be understood effectively as the precursor to warning that result from the denial of rights and freedom.
Work Cited
Escobedo V. Illinois. Find Law. 2016. Web. 15 May 2016
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