1/8/2016
Escobedo v. Illinois | Oyez
Escobedo v. Illinois
PETITIONER
RESPONDENT
Escobedo
Illinois
LOCATION
Chicago Police Department
DOCKET NO.
DECIDED BY
615
Warren Court (1962-1965)
CITATION
378 US 478 (1964)
ARGUED
Apr 29, 1964
DECIDED
Jun 22, 1964
Facts of the case
Danny Escobedo was arrested and taken to a police station
for questioning. Over several hours, the police refused his
repeated requests to see his lawyer. Escobedo's lawyer
sought unsuccessfully to consult with his client. Escobedo
subsequently confessed to murder.
https://www.oyez.org/cases/1963/615
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1/8/2016
Escobedo v. Illinois | Oyez
Question
Was Escobedo denied the right to counsel as guaranteed
by the Sixth Amendment?
Conclusion
Sort: by seniority
by ideology
5–4 DECISION FOR ESCOBEDO
MAJORITY OPINION BY ARTHUR J. GOLDBERG
Hugo L. BlackTom C. ClarkWilliam J. Brennan,
Byron R.
Jr.White
John M. Harlan
Potter
II Stewart
Arthur J. Goldberg
Earl Warren William O. Douglas
Yes. Justice Goldberg, in his majority opinion, spoke for
the first time of "an absolute right to remain silent."
Escobedo had not been adequately informed of his
consitutitonal right to remain silent rather than to be
forced to incriminate himself. The case has lost authority
as precedent as the arguments in police interrogation and
confession cases have shifted from the Sixth Amendment
to the Fifth Amendment, emphasizing whether the
appropriate warnings have been given and given correctly,
and whether the right to remain silent has been waived.
Cite this page
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Chicago
MLA
"Escobedo v. Illinois." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Jan 8, 2016.
<https://www.oyez.org/cases/1963/615>
https://www.oyez.org/cases/1963/615
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