Escobedo v. Illinois, 374 U.S. 478 (1964) was a United States Supreme Court case dealing with the rights of the accused. It affirmed the "right to remain silent" and to have an attorney present during police questioning.
Case
Chicago felon Danny Escobedo's brother-in-law Manuel was shot on the night of January 19, 1960 and Escobedo was arrested the next day, in the morning, at 2:30 a.m, without a warrant to be questioned. He was released at 5 p.m, that afternoon, after Warren Wolfson, his lawyer obtained a writ of habeas corpus, making no statement to the police. On January 30, Benedict DiGerlando, a man in police custody told the police that Escobedo had fired and killed Manuel. The police then arrested Escobedo along with his sister between 8 and 9 that day. He was then taken to the police headquarters and questioned without letting him speak to or even see his lawyer . During his questioning, Escobedo was tricked into saying he knew that DiGerlando had killed Manuel, making him an accomplice. He was then found guilty of first degree murder and was sentenced to jail for 20 years, with his "confession" which he had later recanted.
He then petitioned to the Illinois Supreme Court, where the conviction was affirmed and then to the U.S. Supreme Court. The U.S. Supreme Court accepted to hear it and the case was titled Escobedo v. Illinois. The case was heard on April 29, 1964. Barry L. Kroll argued for Escobedo with Donald M. Haskell, and James R. Thompson argued for Illionis against Escobedo with Daniel P. Ward and Elmer C. Kissane. Bernard Weisberg argued for the American Civil Liberties Union in favor of Escobedo with Walter T. Fisher.
Decision
The case was decided on June 22, 1964. Justice Arthur Goldberg delivered the opinion of the Court. The court ruled 5-4 in favor of Escobedo, overturning his previous conviction on the grounds that his confession was not admissible in a court of law.
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