Article II, § 16 — Criminal prosecutions - rights of defendant

Entire article added, effective August 1, 1876, see L. 1877, p. 31. | Editor's note: In a United States supreme court case (Escobedo v. State of Illinois, 378 U. S. 478 (1964)) the court held that "where the investigation is no longer a matter of general inquiry into an unsolved crime, but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to incriminating statements, the suspect has requested and been denied an opportunity to consult with his lawyer and the police have not effectively warned him of his absolute constitutional right to remain silent" such suspect had been denied his constitutional rights and his confession was not admissible. In Washington v. People, 158 Colo. 115, 405 P. 2d 735 (1965), the Colorado supreme court held the Escobedo case did not apply where accused made a voluntary confession to a friend prior to police interrogation as the Escobedo case was concerned with police tactics during interrogation. In Ruark v. People, 158 Colo. 110, 405 P. 2d 751 (1965), the Colorado supreme court held the Escobedo case did not apply retrospectively to entitle one to relief in case that had been previously decided.