Miranda v. Arizona: Escobedo v. Illinois

    Miranda v. Arizona: Escobedo v. Illinois

      Let's face it—most people don't recognize Supreme Court case names and know what they were all about. But most people do see the results of these cases and recognize those. Escobedo v. Illinois is a great example of a case no one's heard of yet we see the effects of all the time.

      Mostly on cop shows on TV.

      Tell us if this sounds familiar: a guy or gal is being questioned in a holding cell, and they look smugly at the police officer and say "I ain't tellin' you nothin' until I get my lawyer." Most people know they can have a lawyer present during questioning, but where does that right come from? Technically the answer is "The Sixth Amendment to the Constitution," but it was the Escobedo v. Illinois case that really validated that Constitutional right.

      Danny Escobedo was accused of murder back in 1960, and wasn't allowed to see a lawyer even though he asked for one…a lot. After fourteen hours of interrogation, Escobedo said some stuff that made it seem like he was involved in the crime. He was convicted of the murder and appealed to the Illinois Supreme Court and then the U.S. Supreme Court.

      The Sixth Amendment to the Constitution says that "In all criminal prosecutions, the accused shall […] have the assistance of counsel for his defense." So, by denying Escobedo access to a lawyer ("counsel for his defense"), the police violated his Constitutional rights. Escobedo v. Illinois says the police can't deny you your right to a lawyer, but Miranda v. Arizona takes it one step further and says that the police must tell you about your right to a lawyer.