15.4: Escobedo v. Illinois
PETITIONER RESPONDENT
Danny Escobedo Illinois
LOCATION
Chicago Police Department
DOCKET NO. DECIDED BY
615 Warren Court
CITATION
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.
Qu es ti on
Was Escobedo denied the right to counsel as guaranteed by the Sixth Amendment?
Con c lusion
5–4 Decision for Escobedo Majority Opinion By Arthur J. Goldberg
|
FO R |
A G AI NST |
|---|---|
|
Douglas Warren Black Goldberg Brennan |
White Clark Stewart Harlan |
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 constitutional 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.