Reserch Outline

Research paper: Supreme courts

  by: Shalaya Wilson

    Cases of the supreme court decisions such as Miranda v. Arizona and Escobedo v. Illinois had significant impacts and many aspects on the fifth and sixth amendment of American society today. These two court cases gave us another look at the 5th and 6th amendments of accused persons because they are treated badly and assumed to be guilty with proven evidence.

  Supreme court case such as Escobedo v. Illinois was significant because Escobedo was accused of murder of murdering his brother-in-law, But 10 days after the murder he was taking into custody for questioning. While in custody he was never read his Miranda rights by police officer which violated the 5th amendment to remain silent until his lawyer was present, So police officers began an harsh interrogation for 14 hours and he still remained silent until his lawyer was present. Escobedo's lawyer eventually came into the station requesting to see his client but officers refused to let him see Escobedo, At that point Escobedo kept requesting his lawyer to be present during interrogation and they once again violated another right. The right to an attorney which is the 6th amendment, So Escobedo did self-incrimination by admitting to the murder of the crime without any proof of evidence that linked him to the crime. After being convicted for the murder Escobedo tried to appeal his conviction which was denied by counsel, But a year or two later counsel took another look at Escobedo's case and realized that his 5th and 6th amendment rights were violated during the interrogation. during his retrial he stated "I am sorry but I would like to have advice from my lawyer" this is evidence that Escobedo was asking for his lawyer to be present during interrogation and officers refused to let his lawyer to be present so they violated his right to an attorney and that's why he did self incrimination by quickly confessing to the crime and was never read his Miranda rights either and later his conviction was overturned.

  Another Supreme court case that was the Miranda v. Arizona also known as "Miranda rights". The Miranda falls under the 5th and 6th amendment, the right to remain silent and the right to an attorney that protects the rights of the accused until proven guilty with evidence. A person in custody prior to interrogation (Questioning) has the right to remain silent until lawyer is present, If the individual states he wants an attorney during interrogation it must not go on until present during questioning. At that time the individual must have an opportunity to consult with lawyer while being interrogated. Custody means the deprivation of freedom to an extent with arrest, and interrogation means explicit questioning or actions that are reasonably likely to an incriminating response such as Escobedo's quick confession to the murder of his brother-in-law after 14 hours of harsh interrogation. "You have the right to remain silent anything you say will be used in court against you". The following is evidence proves that while or before being in custody your Miranda rights are suppose to read to you and if you request an attorney your suppose to have your lawyer present while being interrogated in custody.

  These two supreme court cases Escobedo v. Illinois and Miranda v. Arizona gave us another look at the 5th and 6th Amendments of persons of accused and how your Miranda rights are supposed to read to you and that you are innocent until proven guilty, the right to remain silent, and the right to an attorney. These two court cases had an impact on supreme court decisions such as significant aspects on American society, And other rights such as gay marriage,school desegregation, employment discrimination, Housing, and Etc.