Danny Escobedo Pros And Cons

1392 Words6 Pages

To ensure that your rights are protected under the United States Constitution, the Miranda warning must be read to you upon an arrest. Danny Escobedo, a 22-year-old murder suspect, was arrested and taken to police headquarters for interrogation in connection with a shooting of his brother-in-law, about 11 days prior. He had been arrested shortly after the shooting, but was released after making no statement and had his lawyer obtain a writ of habeas corpus from the state court. In police custody, Escobedo confessed to firing the shot that killed the victim. He was not advised of his right to remain silent, violating his Fifth Amendment, and police interrogated Escobedo for several hours, while repeatedly denying his request to consult with …show more content…

Illinois, 378 U.S. 478, 4 Ohio Misc. 197, 84 S.Ct. 1758, 12 L.Ed.2d 977 (U.S.Ill. 1964), because this case set the precedent for future cases to guarantee any suspect their constitutional rights upon arrest. As an American, I believe it is detrimental that the police must provide you with your constitutional rights and openly explain them to you. I believe that is why professionals in law, such as officers go to school and learn all of these rights and codes, so they can explain them clearly to civilians. That is what they are trained for, public safety and awareness. I do not feel it is right that an officer can intentionally use their professional training and knowledge to trick a citizen. I feel it is my right to be well aware and conscience of the fact that whatever I say, that any statements, words or confessions can be used against me in court. Although in this case, Escobedo confessed his crime before his rights were stated to him, therefore, "...no statement extracted by the police during the interrogation may be used against him at a trial," (ESCOBEDO v. ILLINOIS) which caused his confession overthrown by the court. In addition, this case is interesting to me because I believe it was fascinating how the accused murderer, Escobedo, was able to get away with his crime simply because his Miranda Rights were not stated to him before he confessed and was denied his right to counsel which was the police department's …show more content…

The court ruled that Escobedo`s confession was illegal, and he was freed. Danny Escobedo was arrested in 2001, outside Mexico City, Mexico, for federal probation violations and on a warrant issued in Illinois in connection with a 1983 stabbing death. Escobedo had been listed by the US Marshals Service as one of its 15 most-wanted fugitives in 2001 prior to this arrest. This case is one of many examples that shows how critical it is for an officer to state the Miranda Warning at the right time and make sure every procedure is followed effectively and accordingly to prevent any issues that were specified in this