Escobedo v. Illinois | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction / Procedural Law

Escobedo v. Illinois (1964) involved a ruling by the SCOTUS that the suspects have the right to have a lawyer present at police interrogations.


Escobedo v. Illinois is a landmark Supreme Court case that established the right of suspects to have legal representation during police interrogations. The case involved Danny Escobedo, a young man who was arrested by police in connection with the murder of his brother-in-law. Escobedo was interrogated for hours without legal representation and ultimately made a confession that was used against him at trial.

In a 5-4 decision, the Supreme Court held that Escobedo’s Fifth and Sixth Amendment rights had been violated by the police interrogation. The Fifth Amendment protects against self-incrimination, while the Sixth Amendment guarantees the right to legal counsel. The Court held that these rights must be “scrupulously honored” during police interrogations and that the failure to provide legal representation during questioning constitutes a violation of these rights.

The Escobedo decision was a significant milestone in the evolution of constitutional protections for criminal suspects. It established a clear precedent that suspects have the right to legal representation during police interrogations and that the failure to provide such representation can render any resulting confession inadmissible in court.

The decision also had important implications for the broader criminal justice system, highlighting the need to balance the interests of law enforcement with the rights of criminal suspects. The Court recognized that police interrogations can be a highly coercive and intimidating process and that suspects may be vulnerable to making false or coerced confessions in the absence of legal representation.

In the years following the Escobedo decision, there have been many further developments in the law related to police interrogations and the rights of criminal suspects. One of the most significant of these was the Supreme Court’s decision in Miranda v. Arizona, which established the requirement that police must inform suspects of their rights to legal representation and against self-incrimination prior to questioning.

Despite these legal protections, there continue to be concerns about the treatment of criminal suspects during police interrogations. Critics argue that police interrogations can be highly coercive and intimidating and that some suspects may be vulnerable to making false or coerced confessions even with legal representation.

As a result, there has been an ongoing debate about the appropriate balance between the rights of suspects and the interests of law enforcement in the criminal justice system. Some have called for additional protections to ensure that suspects are able to fully exercise their rights to legal representation and against self-incrimination, while others argue that such protections may hinder law enforcement efforts to investigate and prosecute criminal activity.


Learn More

On This Site


[ Glossary ]

Last Modified: 05/18/2023

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Exit mobile version