In one landmark decision after an other, the Supreme Court has been extending the constitutional rights of state criminal defendants. Such decisions frequently confront lower courts with two puzzling questions: Do they apply to all crimes? Do they apply retroactively to already convicted criminals?
Latest case in point is Escobedo v. Illinois. In 1960, Chicago police questioned a 20-year-old Mexican laborer named Danny Escobedo until he admitted complicity in his brother-in-law's slaying. The police never advised Danny of his right to remain silent; he was not allowed to consult his lawyer. Because the lawyer had previously told him not...