Escobedo V. Illinois
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Escobedo V. Illinois
''Escobedo v. Illinois'', 378 U.S. 478 (1964), was a Supreme Court of the United States, United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment to the United States Constitution, Sixth Amendment. The case was decided a year after the court had held in ''Gideon v. Wainwright'' that indigent criminal defendants have a right to be provided counsel at trial. Background Danny Escobedo's brother-in-law, Manuel Valtierra, was shot and killed on the night of January 19, 1960. Escobedo was arrested without a warrant early the next morning and interrogated. However, Escobedo made no statement to the police and was released that afternoon. Benedict DiGerlando, who was in custody and considered to be another suspect, later told the police that Escobedo had indeed fired the fatal shots because the victim had mistreated Escobedo's sister. On January 30, the police again arrested Escobedo and his sister, Gr ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In ''Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a pu ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Right To Counsel
In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. Of the 194 constitutions currently in force, 153 have language to this effect. Around the world Australia In Australia, suspects and defendants have the right to have legal representation during investigation and trial. Australian law does not recognize a right to publicly-funded legal defense, but does recognize that in the absence of counsel the accused may not receive a fair trial as mandated by law. Only the states of Victoria and New South Wales have dedicated public defender systems. Courts have t ...
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Gideon V
Gideon (; ) also named Jerubbaal and Jerubbesheth, was a military leader, judge and prophet whose calling and victory over the Midianites are recounted in of the Book of Judges in the Hebrew Bible. Gideon was the son of Joash, from the Abiezrite clan in the tribe of Manasseh and lived in Ephra (Ophrah). As a leader of the Israelites, he won a decisive victory over a Midianite army despite a vast numerical disadvantage, leading a troop of 300 "valiant" men. Archaeologists in southern Israel have found a 3,100-year-old fragment of a jug with five letters written in ink that appear to represent the name Jerubbaal, or Yeruba'al. Names The nineteenth-century Strong's Concordance derives the name "Jerubbaal" from "Baal will contend", in accordance with the folk etymology, given in . According to biblical scholar Lester Grabbe (2007), " udges6.32 gives a nonsensical etymology of his name; it means something like 'Let Baal be great. Likewise, where Strong gave the meaning "hewer" ...
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Danny Escobedo
Danny Escobedo (born c. 1937) was a Chicago petitioner in the Supreme Court case of ''Escobedo v. Illinois'', which established a criminal suspect's right to remain silent and have an attorney present during questioning. This case was an important precedent to the famous ''Miranda v. Arizona'' decision. Escobedo's brother-in-law Manuel was shot on the night of January 19, 1960, and Escobedo was arrested, without a warrant, at 2:30 a.m. the next day 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 shot 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 ...
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Illinois Supreme Court
The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: three justices from the First District (Cook County) and one from each of the other four districts. Each justice is elected for a term of ten years and the chief justice is elected by the court from its members for a three-year term. Jurisdiction The court has limited original jurisdiction and has final appellate jurisdiction. It has jurisdiction in cases where the constitutionality of laws has been called into question, and discretionary jurisdiction from the Illinois Appellate Court. Until 2011, when Illinois abolished the death penalty, it had mandatory jurisdiction in capital cases. Along with the state legislature, the court promulgates rules for all state courts. Also, its members have the au ...
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Arthur Goldberg
Arthur Joseph Goldberg (August 8, 1908January 19, 1990) was an American statesman and jurist who served as the 9th U.S. Secretary of Labor, an Associate Justice of the Supreme Court of the United States, and the 6th United States Ambassador to the United Nations. Born in Chicago, Illinois, Goldberg graduated from the Northwestern University School of Law in 1930. He became a prominent labor attorney and helped arrange the merger of the American Federation of Labor and the Congress of Industrial Organizations. During World War II, he served in the Office of Strategic Services, organizing European resistance to Nazi Germany. In 1961, President John F. Kennedy appointed Goldberg as the Secretary of Labor. In 1962, Kennedy successfully nominated Goldberg to the Supreme Court to fill a vacancy created by the retirement of Felix Frankfurter. Goldberg aligned with the liberal bloc of justices and wrote the majority opinion in ''Escobedo v. Illinois''. In 1965, Goldberg resigned from t ...
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Miranda V
Miranda may refer to: Law * ''Miranda v. Arizona'', an American legal case * Miranda warning, ''Miranda'' warning, an American police warning given to suspects about their rights, before they are interrogated Places Australia * Miranda, New South Wales * Miranda railway station, New South Wales Portugal * Miranda do Corvo, a ''município'' in Coimbra District, Centro * Miranda do Douro (parish), a ''freguesia'' in Bragança District, Norte * Miranda do Douro, a ''município'' in Bragança District, Norte * Terra de Miranda, a plateau in Bragança District, Norte Spain * Miranda (Avilés), a parish of Avilés, Asturias * Belmonte de Miranda, Asturias * Miranda de Arga, Navarre * Miranda de Ebro, Castile and Leon * , in Los Rábanos, in the Province of Soria, Castile and Leon * Miranda del Castañar, in the Province of Salamanca, Castile and Leon United States * Miranda, California * Miranda, South Dakota Venezuela * Miranda (state) * Francisco de Miranda Municipality, Anzoáteg ...
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List Of United States Supreme Court Cases, Volume 378
This is a list of all the United States Supreme Court cases from volume 378 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, orders, case tables (list of every case decided), in alphabetical order both by the name of the petitioner ...'': External links {{SCOTUSCases, 378 1964 in United States case law ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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