L. Zeitchick
Walton
H.S.
Due
Process in the Democratic Society
The Fourteenth Amendment
No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States; nor
shall any state deprive any person of life, liberty, or property, without due
process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
Amendment V
Amendment VI
In all
criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the state and district wherein the crime shall
have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the assistance of counsel for his
defense.
INTRODUCTION:
Danny Escobedo was arrested in connection with a
murder and brought to the police station. He repeatedly asked to see his
lawyer, but was never allowed out of the interrogation room. His lawyer even
went so far as to come to the police station in search of him, but was denied
access. Escobedo then confessed while under interrogation to firing the shot
that killed the victim. As a result, he was soon convicted. Escobedo appealed
to the Supreme Court. The Supreme Court overturned the conviction. The Court
extended the "exclusionary rule" to illegal confessions and ruled
that Escobedo's confession should not have been allowed in as evidence. The
Court also defined the "Escobedo Rule" which holds that individuals
have the right to an attorney when an "investigation is no longer a
general inquiry...but has begun to focus on a particular suspect..." The
ruling went on to detail that (Where) the suspect has been taken into
custody...the suspect has requested...his lawyer, and the police have not...warned
him of his right to remain silent, the accused has been denied...counsel in
violation of the Sixth Amendment."
TASK
You are now Mr. Escobedo. You have been
arrested and been denied access to legal counsel and warned of your legal right to
remain silent.
Task #1
Respond
to one or more of the following questions in a thoughtful essay of a minimum of
250 words. Use MS word to write your final draft
1. How might
you have responded if you were in a similar situation?
2. Do you agree with the decision of the
court?
3. What additional arguments might be
applicable?
4. What are the future implications of
this decision?
Task #2
Can
you apply what you have learned?
Questions for Thought
1. Must the police honor a request for an attorney every time
they question a suspect? What if the suspect hasn't yet been formally charged
with a crime?
2. If a suspect has been read his rights, yet
still makes a statement to the police why should that not be admissible (even
if he was denied his request to speak to his attorney)?
3. Did the
police act properly or were their actions a violation of Escobedo's rights
against self-incrimination?
4. Should Escobedo be given a second trial?
5. Did the State Due Process Clause of the 14th Amendment have a bearing
on this case?
Complete your project, defending your position, from Escobedo’s
point of view.
Show
what you have learned by creating an original piece of work in the form of a PowerPoint
presentation, an art project or photo journal, a poem, a cartoon,
a diorama, an oral presentation, a letter to an official,
a role play, or an editorial. Your project may be done
individually or as a group.
Arguments’ Summary
The
following arguments summarize issues involved in the case.
For
Escobedo: Denying Escobedo the right to consult with an attorney was a clear
violation of his right to due process. His confession had been coerced and was
thus inadmissible. His conviction was faulty, and the resulting verdict should
be overturned. Escobedo should have a new trial.
For
Illinois: The criminal procedures used in the courts of the State of Illinois rest
upon the sovereignty of that State, and are part of the powers reserved to
Illinois by the 10th Amendment. The authority to specify the criminal
procedures to be used in State courts is clearly not vested in the Supreme
Court. A decision in favor of Escobedo would therefore violate the basic plan
of federalism.
The outcome of your case will affect many
others who find themselves in a similar predicament. Did the court’s failure to
appoint counsel for Escobedo violate his right to a fair trial and due process
and protected by the fifth, sixth and fourteen amendments to the Constitution?
Good luck Mr. Escobedo!
Process
1. Students will form self-selected groups. . In
groups students will explore the actions, determine the values and examine the
legal bases of the case.
2. Students will use CompuLEGAL.
to study Due Process and .
Students
will complete the worksheets on the web site. Students will use these
worksheets and the Internet sites given in the “Resource” section of the Webquest to complete the “Task”.
Students will study the Escobedo Facts OF THE CASE.
Students view the Escobedo Visual.
Students will
fill in the Escobedo: Facts
& Issue Question chart.
Students will read the Escobedo: Reasoning OF THE CASE.
Students will read the Escobedo Arguments OF THE CASE.
Students will read the Escobedo Decision.
3. Students will argue for Escobedo and discredit
those who disagree with Escobedo in their product.
4. Products will be presented to and reviewed by the
class.
RESOURCES
http://www.answers.com/topic/escobedo-v-illinois
http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0378_0478_ZS.html
http://www.time.com/time/archive/preview/0,10987,873910,00.html
http://citizensource.com/Judiciary/Courts/Warren.htm
http://www.legallawhelp.com//legal_law_channels/criminal_law/resources.html
http://www.sbhsd.k12.ca.us/~cschallhorn/gov/unit5/supreme%20court%20cases%20sum.htm
Standards
SOCIAL STUDIES 1 & 5
ELA 1, 3, 4
Conclusion
This case is
centered on the 5th Amendment protection against self-incrimination and the 6th
Amendment right to legal counsel. By completing this WebQuest you have used CompuLegal to research the concept of due process through
the Supreme Court case Escobedo v
EVALUATION
|
Category |
Grade A |
Grade B |
Grade C |
Grade D |
|
Written report |
Shows
understanding of the topic. Uses
correct grammar and spelling. Writes in completes sentences. |
Shows a good understanding of
the topic. Uses correct grammar and spelling most of the time. Writes well
organized sentences. |
Presents satisfactory
understanding of the topic. Misspells words, poor grammar. Some sentences and
paragraphs are not well structured. |
Shows little understanding of
the topic. Report lacks proper grammar
usage. Poor organizational
skills. Sentences lack structure. |
|
Completion of
the task. |
Addresses all aspects of the
task. |
Addresses all aspects of the
task. |
Addresses most aspects of the
task. |
Attempts to address topic, but
uses vague and /or inaccurate information |
|
Facts about the cases. |
Richly supports topic with
relevant facts, examples and details |
Includes relevant facts,
examples and details, but not support all aspects of the case |
Uses some relevant facts,
examples and details. |
Uses little facts, examples,
or details. |
|
Role-Play Presentation |
Presents a strong and
well-organized case or point of view. Speak loud and clear. Use proper English . |
Presents point of view and is
organized. Uses proper English. Explains most of the case well. |
Presents weak point of view
but is not well organized. Speaks
using a low tone of voice. Does not
explain the case very well. |
Point of view is very weak and lacks organization |
