Escobedo v. Illinois Supreme Court Case, Arguments, Impact

Escobedo v. Illinois (1964) asked the U.S. Supreme Court to determine when criminal suspects should have access to an attorney. The majority found that someone suspected of a crime has the right to speak with an attorney during a police interrogation under the Sixth Amendment of the U.S. Constitution. Fast Facts: Escobedo v. Illinois Case Argued:  April 29, 1964Decision Issued:  June 22, 1964Petitioner:  Danny EscobedoRespondent: IllinoisKey Questions:  When should a criminal suspect be allowed to consult with an attorney under the Sixth Amendment?Majority:  Justices Warren, Black, Douglas, Brennan, GoldbergDissenting: Justices Clark, Harlan, Stewart, WhiteRuling:  A suspect is entitled to an attorney during an interrogation if it is more than a general inquiry into an unsolved crime, the police intend to elicit incriminating statements, and the right to counsel has been denied Facts of the Case In the early morning hours of January 20, 1960 police interrogated Danny Escobedo in relation to a fatal shooting. Police released Escobedo after he refused to make a statement. Ten days later, police interrogated Benedict DiGerlando, a friend of Escobedo, who told them that Escobedo had fired the shots that killed Escobedo’s brother-in-law. Police arrested Escobedo later that evening. They handcuffed him and told him en route to the police station that they had sufficient evidence against him. Escobedo asked to speak to an attorney. Police later testified that although Escobedo was not formally in custody when he requested an attorney, he was not allowed to leave out of his own free will. Escobedo’s attorney arrived at the police station shortly after police began interrogating Escobedo. The attorney repeatedly asked to speak with his client but was turned away. During the interrogation, Escobedo asked to speak with his counsel several times. Each time, the police made no attempt to retrieve Escobedo’s attorney. Instead they told Escobedo that his attorney did not wish to speak with him. During the interrogation, Escobedo was handcuffed and left standing. Police later testified that he seemed nervous and agitated.  At one point during the interrogation, police allowed Escobedo to confront DiGerlando. Escobedo admitted knowledge of the crime and exclaimed that DiGerlando had killed the victim. Escobedo’s attorney moved to suppress statements made during this interrogation before and during trial. The judge denied the motion both times. Constitutional Issues Under the Sixth Amendment, do suspects have a right to counsel during interrogation? Did Escobedo have a right to speak with his attorney even though he had not been formally indicted? Arguments An attorney representing Escobedo argued that police had violated his right to due process when they prevented him from speaking with an attorney. The statements Escobedo made to police, after being denied counsel, should not be allowed into evidence, the attorney argued. An attorney on behalf of Illinois argued that states retain their right to oversee criminal procedure under the Tenth Amendment of the U.S. Constitution. If the Supreme Court were to find the statements inadmissible due to a Sixth Amendment violation, the Supreme Court would be exerting control over criminal procedure. A judgement could violate the clear separation of powers under federalism, the attorney argued. Majority Opinion Justice Arthur J. Goldberg delivered the 5-4 decision. The Court found that Escobedo had been denied access to an attorney at a critical point in the judicial process—he time between arrest and indictment. The moment in which he was denied access to an attorney was the point at which the investigation had ceased to be a general investigation into an unsolved crime. Escobedo had become more than a suspect and was entitled to counsel under the Sixth Amendment. Justice Goldberg argued that the specific circumstances in the case at hand were illustrative of a denial of access to counsel. The following elements were present: The investigation had become more than a general inquiry into an unsolved crime.The suspect had been taken into custody and interrogated with the intent to elicit incriminating statements.The suspect had been denied access to counsel and police had not properly informed the suspect of the right to remain silent. On behalf of the majority, Justice Goldberg wrote that it was important for suspects to have access to an attorney during interrogation because it is the likeliest time for the suspect to confess. Suspects should be advised of their rights before making incriminating statements, he argued. Justice Goldberg noted that if advising someone of their rights decreases the effectiveness of the criminal justice system, then â€Å"there is something very wrong with that system.† He wrote that the effectiveness of a system should not be judged by the number of confessions police are able to secure. Justice Goldberg wrote: â€Å"We have learned the lesson of history, ancient and modern, that a system of criminal law enforcement which comes to depend on the confession will, in the long run, be less reliable and more subject to abuses than a system which depends on extrinsic evidence independently secured through skillful investigation.† Dissenting Opinion Justices Harlan, Stewart, and White authored separate dissents. Justice Harlan wrote that the majority had come up with a rule that â€Å"seriously and unjustifiably fetters perfectly legitimate methods of criminal law enforcement.† Justice Stewart argued that the start of the judicial process is marked by indictment or arraignment, not custody or questioning. By requiring access to counsel during interrogation, the Supreme Court jeopardized the integrity of the judicial process, Justice Stewart wrote. Justice White expressed concern that  the decision could jeopardize law enforcement investigations. Police should not have to ask suspects to waive their right to counsel before statements made by the suspects can be considered admissible, he argued. Impact The ruling built upon Gideon v. Wainwright, in which the Supreme Court incorporated the Sixth Amendment right to an attorney to the states.  While Escobedo v. Illinois affirmed an individuals right to an attorney during an interrogation, it did not establish a clear timeline for the moment at which that right comes into play. Justice Goldberg outlined specific factors that needed to be present to show that someones right to counsel had been denied. Two years after the ruling in Escobedo, the Supreme Court handed down Miranda v. Arizona. In Miranda, the Supreme Court used the Fifth Amendment right against self-incrimination to require officers to notify suspects of their rights, including the right to an attorney, as soon as they are taken into custody. Sources Escobedo v. Illinois, 378 U.S. 478 (1964).

The Businesses and Development of AKH Group Essay example

Introduction to AKH Group – AKH Group has various businesses spread across IT, Consumer Products, BPO and Telecom. The group has a history of being in business for the last 35 years. The founder of the company follows an austere way of working. The business expansion has been organic as well as inorganic. The IT business was fostered through organic form and the BPO was an acquisition. Similarly, the Consumer Product business was a mix of organic and inorganic through foreign acquisitions. The founder of this business conglomerate has recently announced a sum of Rs. 10,000 Crore to be spent on nation building. Areas chalked out are Skill Development and Primary Health. Community Development – Community development is a way of†¦show more content†¦Source: SCDC A Healthy Community Skill development and Primary Health – Skill Development means developing yourself and your skill sets to add value for the organization and for your own career development. Fostering an attitude of appreciation for lifelong learning is the key to workplace success. Continuously learning and developing ones skills requires identifying the skills needed for mobility at Cal, and then successfully seeking out trainings or on-the-job opportunities for developing those skills. Primary health care, often abbreviated as PHC, has been defined as essential health care based on practical, scientifically sound and socially acceptable methods and technology, made universally accessible to individuals and families in the community. It is through their full participation and at a cost that the community and the country can afford to maintain at every stage of their development in the spirit of self-reliance and self-determination. In other words, PHC is an approach to health beyond the traditional health care system that focuses on health equity-producing social policy. PHC includes all areas that play a role in health, such as access to health services, environment and lifestyle. Primary health and skill development is one of the most important issues for community development and AKH group is contributing a sum of rupees 1000 crore towards community development. As a consultant to AKH group weShow MoreRelatedSkill Development Empowers the Workforce with Skills, Knowledge and Qualifications 619 Words   |  3 PagesThe objective of Skill Development is to create a workforce empowered with the necessary and continuously upgraded skills, knowledge and internationally recognized qualifications to gain access to decent employment and ensure India’s competitiveness in the dynamic global market. It aims at increasing the productivity and employability of workforce (wage and self-employed) both in the organized and the unorganized sectors. It seeks increased participation of youth, women, disabled and other disadvantagedRead MoreHow AKH Group Can Help Make the World a Better Place Essay923 Words   |  4 PagesCASE FACTS: As given in the case a 35 years old AKH Group has various businesses spread across IT, Consumer Products, BPO and Telecom. For the development of the company in various sectors the founder of the company follows an austere way of working. The business expansion has been organic as well as inorganic. The IT business was fostered through organic form and the BPO was an acquisition. Similarly, the Consumer Product business was a mix of organic and inorganic (through foreign acquisitions)

A Beautiful Mind Free Essays

Mental illness and mental disorders have plagued individuals for many years before the development of the psychiatric community embraced the challenges of treatment with understanding.   It can be assumed that everyone has had an encounter with someone who is mentally ill at some point in their life. Stereotypical images of those with mental disorders encompass the erroneous image of a filthy homeless individual viewed talking aloud to some imaginary person or thing. We will write a custom essay sample on A Beautiful Mind or any similar topic only for you Order Now    Other images depict the mentally ill individual ranting and raving like some ravenous animal with wild eyes and an animal-like posture. These images are poor portrayals of the mentally disturbed often created by Hollywood as a means to keep viewers entertained.   Contrary to popular belief, a mentally ill person looks just like any other human being despite some peculiarities, however, in the society of today, anyone could be mentally ill. Background The Hollywood motion picture, A Beautiful Mind, was directed a documental-like story of an actual world renowned mathematician named John Nash (Grazer Howard, 2001).   Nash was born in West Virginia and later went on to attend graduate school at Princeton University in Princeton, New Jersey. He was then twenty-one years old.   Throughout his secondary academic career, Nash remained somewhat unsociable and preoccupied with his research and coursework.   He did not appear to have much time for dating or socializing with members of the opposite sex either. Nash’s competitive nature served as a driving force for his academic research and achievements.   His economic theories and studies enabled him to win appointments and academic recognition through much of his time while studying at Princeton University.   While his mathematic theories would leave a reasonable person ultimately dumbfounded and confused, PSYCHOLOGY it became like a second language to Nash.   Simple tasks like games became too complicated for him to participate in (Grazer Howard, 2001).   If it did not equate into a mathematical equation, then in Nash’s thinking, it could not be logical or proven to be absolute. Nash later met a woman, Alicia, while teaching at the Massachusetts Institute of Technology (MIT).   Over a period of time, the two began dating and later married.   Together they would have one child, a son, named John.   During the course of their marriage, Nash would become more and more distant.   He would blame the distance on his work and research. Analysis Psychological Symptoms Friends began to notice that his personal hygiene was lacking in the area of care and presentation.   He would regularly forget to shave, his shirts would not be tucked in properly, and his hair would be stringy and unwashed. He began walking with a noticed shuffle while simultaneously clutching his briefcase tightly against his chest as though it bore protection.   He socially disconnected from his colleagues by informing them that his research was classified (Grazer Howard, 2001).   Worst of all, he started forgetting that he was required to teach a class at MIT, and he would often not show up. During Nash’s time studying at Princeton University, he became good friends with his roommate.   He would meet up with his old college chum several times over the course of the following years.   It would later be revealed that Nash had no roommate at Princeton University, but rather he was assigned to a dormitory and resided alone the entire time (Grazer Howard, 2001). The imagined roommate was a hallucination (American Psychiatric Association, 1994).    How to cite A Beautiful Mind, Papers A Beautiful Mind Free Essays I enjoyed many things from the film A Beautiful Mind including the cast, the interpretations of being schizophrenic, and also the small amount of romance between John and Alicia. Think that the cast was very well picked, Russell Crower did an outstanding job portraying a man with schizophrenia. I could tell that Crower was eve comfortable with this role, considering how well he portrayed John Nash. We will write a custom essay sample on A Beautiful Mind or any similar topic only for you Order Now When I think about John Nash and his awkward, yet sophisticated, rationality Russell Crower really does justice to John Nash. Also, the cast for the other students, John’s peers, were well picked out also. All of the other students were intelligent and also a little cocky which makes sense as to why they don’t accept John. I also enjoyed the interpretations of being schizophrenic. It is very interesting going into the mind of John Nash and seeing the people that only he sees, and hearing the voices that only he hears. Lastly enjoyed how the film had a little spark of romance between John and Alicia, but that the entire film wasn’t about the romance, and love. The film was more about John and his brilliance than his love life. My only dislike for this film is that it was slowly moving. L, personally, enjoy movies that can invest myself in and really feel the characters. I could not relate to any of the characters considering they are all brilliant. Johns Anna’s second grade teacher tells Nash that he had been given two helpings of brain but only one helping of heart, I think that she means that he would stop putting math and science before how he is really feeling and that he should try to make friends and be more in-touch with others. As said before I really enjoyed Russell Crow’s portrayal of schizophrenia. I thought that it was very believable, from what I have seen, and was interesting whenever he would have schizophrenic fits around other students. The scariest part of schizophrenia for me is seeing things that others cannot. People with schizophrenia do not know if what they’re seeing is real or fake, and that is scary. How to cite A Beautiful Mind, Papers

Events In Slavery Essay Example For Students

Events In Slavery Essay Events that Effected SlaveryEssay written by Curtis CupplesIntroductionWe hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness (Thomas Jefferson). The only problem with this passage from the Declaration of Independence is that it does not say, We hold these truths to be self-evident, that all men and Negroes are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness Thomas Jeffersons words were not correct. Not all men were created equal and these men were slaves. Slavery has existed throughout the United States for centuries before the present day. This was the most inhumane treatment any man could go through. The following report will express the impact of slavery on the history of the united states of America. The Earliest Slaves in AmericaIn the summer of 1619 a 160-ton ship from the Port of Flushing in Holland sailed into the Chesapeake Bay. The Dutch ship was under the command of Captain Jope and piloted by an English man named Marmaduke Raynor. In exchange for supplies Jope sold more than 20 Negroes to the local authorities in the English colony of Virginia. These blacks came ashore 12 years after the founding of Jamestown. At first the Virginians liked white indentured persons who knew their language and their ways, compared to the newly arrived black slaves. Over time though, the black servants grew accustomed to the environment and were better than the white indentured servants. The colonists didnt approve, but because of the need for laborers for Tobacco the acceptance grew. Slavery grows from demand of cottonThe Revolutionary War won for the Americans a large stretch of wilderness between the Appalachian Mountains and the Mississippi River. After 1800 settlers began to clear and plant on the land. Many of these settlers brought slaves with them. One of the crops which they planted was cotton. When the slaves had to pick the cotton it would prick them and slow the picking down tremendously. Then a man named Eli Whitney invented a machine called the Cotton Gin. The Cotton Gin cleaned the short sticky fibers of the upland cotton. Metal teeth simply pulled the fibers from the seeds. The invention of this machine made the cotton economy soar. This increased the need for slaves. They needed more slaves to pick the cotton faster so they could keep up with the production. The masters were constantly working their slaves from dusk until dawn. They would load the cotton into wagons and take the crop to the gin. As planters in the South turned more and more land t o growing cotton, the economy could support more people. In 1790 the South had one million white people, six hundred fifty-seven thousand black slaves, and thirty-two thousand free black people. Slaves grew in population rapidly. Resistance To SlaverySlaves found many ways to resist white control. Most resistance forms were passive. Slaves used songs to express their longings to be free, but also spread news for secret meetings. Some slaves pretended to be sick, broke tools and worked as slow as possible. Others, ran away. When these slaves were caught, they were punished severely. Other ways slaves resisted the whites were through means of violence. Some slaves would try to poison the masters food which scared many plantation owners. The most violent though were organized riots. Slavery causes problems Slavery also caused problems where states were concerned. When Missouri sought admission to the Union in 1819, it proposed a state constitution which would protect slavery. At that t ime there were exactly as many slave states as well as free states in the Union. The house of representatives was dominated by the North and the Southerners stood to gain control of the senate if Missouri was admitted as a slave state. Before the Missouri Debate began, Congress used the Northwest Ordinance to prohibit slavery north and west of the Ohio River. The balance was in danger of being upset. Slavery also affected this greatly and it later led to the Missouri Compromise. Carlos Santana EssayThe Emancipation Proclamation would free all slaves in areas still in rebellion. It was a statement of intent instead of a law, and slaveholders refused to accept it. The Proclamation also allowed former slaves to enlist in the army. During the war one hundred and eighty-six thousand blacks served in the Union Army and twenty-nine thousand served in the Union Navy. ReconstructionBefore the Civil war was over and General Lee and his troops surrendered, Lincoln already had a plan of amnesty and reconstruction to be approved by congress. In this plan, 10% of those who voted in the election of 1860 had to take an oath proclaiming their loyalty to the United States. Confederate states could then form a new government and use a new constitution. In this proclamation, slavery was also banned, but it did not say that blacks had the right to vote or to any other rights. Another plan the Radicals passed in July 1864, was the Wade-Davis Bill. This bill was a stricter version of Lincolns Proclamation of Amnesty. In this bill a majority (51%) had to take an oath to the United States and take part in drafting a new Constitution. Only then could that state be remitted to the Union. The bill demanded that Confederates swear past and present loyalty. The Wade-Davis bill also required the new state constitutions to outlaw slavery and declare the Confederate debt unpayable. Confederate bonds and money became worthless. With the support of the moderates, Congress passed the Wade-Davis bill. Congress then adjourned, however, and Lincoln refused to sign the bill. This defeated the Wade-Davis bill. In January 1865, Lincoln compromised by proposing the Thirteenth Amendment to outlaw slavery. Former Confederate states were required to ratify, or formally approve, the amendment before rejoining the Union. Black CodesIn Johnsons plan for reconstruction he gave black voting rights to most whites, but he only encouraged new states to allow freedmen to vote. The southern states followed Johnsons policies, but not happily. None gave blacks the right to vote. Instead, the new state governments tried to bring back slavery in all but name. They used laws known as Black Codes. The Black Codes varied from state to state, but everywhere the laws were meant to keep blacks from being free. Freedman were made to sign labor contracts that bound them to work and orphans whose parents could not raise them were to work as apprentices. Freedmans Bureau and Education For Blacks Just before the wars end, Congress established the Freedmans Bureau. For emergency relief the bureau distributed food to the needy of both races. Finding jobs was one of its first tasks. It also performed marriages for blacks. Education was also very important for blacks. They thought of education as their key to equal rights. The Freedmans Bureau also helped them in seeking a better education. More than four thousand schools were established. In the South, the government set up schools after 1868. They were unfortunately segregated (separated by race). During this time in 1868, the fifteenth amendment was passed. This amendment gave everyone the right to vote no matter their race or if they were previously slaves. Blacks were slowly gaining their rights. ConclusionBlacks as you can see suffered through many hardships and losses over time. Eventually many victories come to them. What we must realize is that all humans should be treated the same no matter what their race or color is. But this was all in the past and we need to put it behind us. Instead we should look to the future and remember all men are created equal. BibliographyMartin Luther The KingHistory Reports