Requirements for Admissible Statements Analysis Case Study - 1

Requirements for admittable Statements Analysis - Case Study ExampleIllinois, Danny Escobedo, a 22 year-old young man, was accused for the murder of his brother-in-law. The incident happened at the night of 19th January, 1960 when the victim was fatally shot. After few hours Escobedo was arrested without a warrant and interpreted to custody for interrogation. Escobedo made no statements to law and he was released in the afternoon when his lawyer pursued writ of habeas corpus to the state court with the appeal of releasing his client as according to him there were no sufficient evidences against his client. But Escobedo was again arrested along with his sister on January 30, on the basis of the statement of benedict DiGerlando who was another suspect of the murder. Benedict DiGerlando stated to police that Escobedo shot his brother-in-law causing his death. Police handcuffed Escobedo while taking him to police station and threatened him by saying that they have enough proof of h is crime and it impart be better for him to confess. According to the Fifth Amendment of the United States Constitution, nobody can be forced to be witness against himself in each criminal topic but this rule was violated in case of Escobedo. Even, when Escobedo requested to consult with his attorney, his request was rejected. The prove from Escobedos attorney to see his client was also rejected by police. Again it was the violation of Sixth Amendment of U.S. Constitution as it states that, the suspected person has the right to enjoy sub judice assistance in all criminal prosecution. Finally, Escobedo confessed the crime and based on that he was found felonious of the murder. He appealed in the Illinois coercive Court to reconsider his conviction. But it was rejected and then he approached to the U.S. Supreme Court. Supreme Courts decision went with Escobedo and his conviction was overturned by declaring his confession statement as inadmissible. In the bite case Miranda v. A rizona, Ernesto Arturo Miranda, was accused in twain cases one is robbery and the other is attempt to rape. He was arrested on March, 1963. In the attempt to rape case, the victim identified Miranda as the attacker. He also confessed the fact during police interrogation. The court appointed attorney of Miranda, John J. Flynn, tried to defend the accused by highlighting two points. First point was the instability in the story stated by the victim in the attempt to rape case and the second point was the confession of Miranda during police interrogation without any legal advice from any lawyer. But the Arizona Supreme Court convicted Miranda a 20-30 years imprisonment for the punishment of both cases by overruling all objections of his lawyer. But an appeal to the U.S. S