Assignment 8.1_ Criminal Case Assessment
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Amanda J. Johnson
PLG 210
December 12, 2023
Assignment 8.1: Criminal Case Assessment
In the case of Escobedo v Illinois, Danny Escobedo was taken into custody for questioning in connection
to the fatal shooting of his brother-in-law, Manuel Valtierra. Despite his requests to see his lawyer, who
was present in the building at the time, he was denied access. The police also failed to inform Escobedo
of his right to remain silent and questioned him without his attorney present. Consequently, Escobedo
made an incriminating statement to the States Attorney, which was used against him in trial. Although
his lawyer had obtained a writ of habeas corpus from a state court after his initial arrest, Escobedo was
ultimately convicted of murder. He appealed to the State Supreme Court, but the conviction was upheld.
During the arrest, police were within their rights to arrest Escobedo for the fatal shooting of his brother-
in-law and take him to the police headquarters for questioning. However, they should have informed him
of his right to remain silent, as failing to do so could potentially violate his Fifth Amendment rights. It is
crucial for every suspect to be informed of this right when being arrested. Additionally, the police denied
Escobedo his right to counsel during interrogation, even after he requested his lawyer multiple times.
They should have ceased questioning him as soon as he mentioned the word "lawyer."
Escobedo's right under the Sixth Amendment was infringed upon when the police disregarded his
requests to consult with his lawyer, despite multiple attempts. The Sixth Amendment right states that “In
all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defense"(Anonymous, 2013, para. 1).
As a result, he confessed to murder, which was then used against him in court by the Assistant States
Attorney. This violated his right to a speedy and public trial, to be informed of the nature and cause of
the accusation, and to have the Assistance of Counsel for his defense.
Escobedo's Fourteenth Amendment rights were violated in this instance. The Fourteenth Amendment
states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof,
are citizens of the United States and of the State wherein they reside. No State shall make or enforce any
law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State
deprive any person of life, liberty, or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws" (Anonymous, 2013, para. 1). The Fourteenth
Amendment guarantees citizenship and ensures that no state can deprive a person of life, liberty, or
property without due process of law. Additionally, the due process clause in the Fourteenth Amendment
means that the police violated the defendant's right to counsel, which is similar to the Sixth Amendment
right.
References
Escobedo v. Ill.,
378 U.S. 478, 84 S. Ct. 1758, 12 L. Ed. 2d 977, 1964 U.S. LEXIS 827, 4 Ohio Misc.
197, 32 Ohio Op. 2d 31 (Supreme Court of the United States June 22, 1964, Decided ),
available
at
https://advance-lexis-com.egcc.ohionet.org/api/document?
collection=cases&id=urn:contentItem:3S4X-GTD0-003B-S3TG-00000-00&context=1516831
.
Davenport, Anniken.
Basic Criminal Law: The Constitution, Procedure, and Crimes
. Pearson,
2018.
U.S. Constitution - Fourteenth Amendment - Library of Congress
,
constitution.congress.gov/constitution/amendment-14/. Accessed 12 Dec. 2023.
U.S. Constitution - Sixth Amendment - Library of Congress
,
constitution.congress.gov/constitution/amendment-6/. Accessed 12 Dec. 2023.
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