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Simple English definitions for legal terms

Escobedo rule

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A quick definition of Escobedo rule:

The Escobedo rule is a law that says if the police arrest someone and want to question them, they have to tell the person they have the right to remain silent and the right to talk to a lawyer. If they don't tell the person these things, anything the person says during questioning can't be used in court. This rule was made before the Miranda rule, which is similar but also includes the right to have a lawyer appointed if the person can't afford one.

A more thorough explanation:

The Escobedo rule is a principle in criminal procedure that states that a statement made by a suspect in police custody cannot be used as evidence in court unless the police inform the suspect of their right to remain silent and provide them with an opportunity to consult with a lawyer.

This rule was established in the case of Escobedo v. Illinois in 1964 and was a precursor to the Miranda rule.

The Miranda rule is a doctrine that requires police to inform a criminal suspect in custody of their constitutional rights before interrogating them. These rights include:

  • The right to remain silent
  • The right to have an attorney present during questioning
  • The right to have an attorney appointed if the suspect cannot afford one

If the suspect is not informed of these rights or does not waive them, any evidence obtained during the interrogation cannot be used against them in court (except for impeachment purposes).

The Miranda rule was established in the case of Miranda v. Arizona in 1966.

If a suspect is arrested for a crime and taken into police custody, the police must inform them of their right to remain silent and their right to an attorney. If the police fail to do so and the suspect makes a statement, that statement cannot be used as evidence in court.

For example, if a suspect is arrested for robbery and taken into custody, but the police do not inform them of their rights before questioning them, any statements made by the suspect during that questioning cannot be used as evidence in court.

escheccum | escot

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16:44
Yeah, I would have definitely gone to the hotel if I knew they booked a room for me. At the very least, it would be proper to show up personally and explain your extraneous circumstances
Law-Shark
16:44
Nah but it's in your name. I went to an ASD. I asked the school for an extra night and they gave it to me. You just need to plan things better.
Law-Shark
16:45
This is like peak disconenct between the male and female brain.
16:45
i think that's where i was confused then
Law-Shark
16:45
disconnect*
Law-Shark
16:45
You live and you learn
16:45
because i did let one of the staff know i'd be leaving early and thought that would be enough
16:46
but i was confused why i got an e-mail with a room cuz I didn't ask for it at all
Law-Shark
16:46
Well, you know now what to do.
16:47
well on their end they prob shouldn't just be buying hotel rooms for ppl who don't request it and then getting mad I didn't go
16:48
goof
16:48
Did you get any materials for admitted students day explaining that they would be booking hotel rooms?
16:49
there was an opt in on the form but I didn't select yes
16:49
Hmm, that's weird
16:50
i think it's unprofessional of them to call you like what if you had an emergency and had to leave? why is it their business why you didn't stay? not like they're lacking money and $100.00 hotel room is gona make them bankrupt
16:50
i figured it was an error and I was on the road so I didn't read into it. plus it would make more sense for it to be the night before cuz it started at 9am? so I was like uhhh and paid it no mind
16:51
@bigfatsloth: that's what i'm saying, they were gonna pay no matter what
16:54
"This is like peak disconenct between the male and female brain." like bffr
16:55
It was probably an administrative error then. I can't imagine why they would book hotel rooms for people that didn't select yes. I would maybe follow up with them and apologize for the misunderstanding to avoid any awkwardness
Denny
16:56
who watch that arsenal game
16:56
I'm a Chelsea fan unfortunately
damn why are yall fighting i the lsd.law gc
Denny
17:14
@ET025: but ur not watching champions league?
Denny
17:15
declan rice did a madness
17:20
@Denny: Not today. Doing more LSAT studying this afternoon, but I saw that. I think Chelsea missed out on him. (this is probably more suited for OT)
Does anyone have experience getting their aid package reconsidered at WashU? How long does it take to hear back after sending the form?
MrThickRopes
21:01
fo pm gon be good to us tmrw
Mr ropes is hopeful again so I am too
21:33
lets go ropes
21:53
[deleted by starfishies]
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