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Can the original goal of the authors of the Miranda law be salvaged? This book examines the state of interrogations and the state of the law before the Miranda decision was made, the purposes and nature of the decision, and proposes recommendations for reinstituting the original goals.
The Miranda warnings became part of the common lexicon after the Supreme Court decision in Miranda v Arizona in 1966. This book examines both sides of Miranda-related questions: Is the Miranda decision a violation of separation of powers or the concept of federalism? Does making mandatory the reading of the rules free guilty criminals? And more.
You have the right to remain silent is the well-known introduction to a series of statements police are required to communicate to accused criminals upon arrest. Known as the Miranda warning, these famous instructions are a direct result of the Supreme Court case, Miranda v. Arizona. Ernesto Miranda, an Arizona laborer, was arrested in 1963 and convicted of raping a woman. He appealed his conviction and the Supreme Court overturned the decision, determining that Arizona authorities had violated two constitutional amendments. Miranda v. Arizona offers a clear understanding of the history of this decision and its consequences. Before the Miranda warning, it was not uncommon for police station confessions to be obtained by intimidation, making false promises, psychological game-playing, physical torture, or exploiting the ignorance of the accused. The Supreme Court's decision allowed that the privileges granted to a defendant in a courtroom - the right to counsel, the right to due process, and the right to not witness against oneself - were now extended to the police station.
New in paperback. An in-depth collection of key writings on the Supreme Court's controversial 1966 ruling in Miranda v. Arizona, a decision that remains at the forefront of today's debate about defendants' constitutional rights, victims' rights, and crime control.
Describes the history of the Miranda rights, including the trial that led to its development.
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
One of the most significant Supreme Court cases in U.S. history has its roots in Arizona and is closely tied to the state’s leading legal figures. Miranda has become a household word; now Gary Stuart tells the inside story of this famous case, and with it the legal history of the accused’s right to counsel and silence. Ernesto Miranda was an uneducated Hispanic man arrested in 1963 in connection with a series of sexual assaults, to which he confessed within hours. He was convicted not on the strength of eyewitness testimony or physical evidence but almost entirely because he had incriminated himself without knowing it—and without knowing that he didn’t have to. Miranda’s lawyers, John P. Frank and John F. Flynn, were among the most prominent in the state, and their work soon focused the entire country on the issue of their client’s rights. A 1966 Supreme Court decision held that Miranda’s rights had been violated and resulted in the now-famous "Miranda warnings." Stuart personally knows many of the figures involved in Miranda, and here he unravels its complex history, revealing how the defense attorneys created the argument brought before the Court and analyzing the competing societal interests involved in the case. He considers Miranda's aftermath—not only the test cases and ongoing political and legal debate but also what happened to Ernesto Miranda. He then updates the story to the Supreme Court’s 2000 Dickerson decision upholding Miranda and considers its implications for cases in the wake of 9/11 and the rights of suspected terrorists. Interviews with 24 individuals directly concerned with the decision—lawyers, judges, and police officers, as well as suspects, scholars, and ordinary citizens—offer observations on the case’s impact on law enforcement and on the rights of the accused. Ten years after the decision in the case that bears his name, Ernesto Miranda was murdered in a knife fight at a Phoenix bar, and his suspected killer was "Mirandized" before confessing to the crime. Miranda: The Story of America’s Right to Remain Silent considers the legacy of that case and its fate in the twenty-first century as we face new challenges in the criminal justice system.
The US Supreme Court is the head of the judicial branch of the federal government. It is the highest court in the land, with thousands of cases appealed to it every year. One of those history-making cases was Miranda v. Arizona, which addressed a person's constitutional rights when accused of a crime. Readers will follow this case from beginning to end, including the social and political climates that led up to it and the effects it had after the court made its ruling. Major players and key events are discussed, including Ernesto Miranda and his arrest, confession, trials, and appeals, as well as the Miranda Warning and its current effectiveness. Compelling chapters and informative sidebars also cover James Madison and the Constitution and Bill of Rights, the particulars of the Fifth, Sixth, and Fourteenth amendments, the ACLU, and related court cases including the Scottsboro Boys case, Johnson v. Zerbst, Betts v. Brady, Gideon v. Wainwright, and others. Miranda v. Arizona forever influenced laws on crime and law enforcement procedures. This landmark Supreme Court case changed the course of US history and shaped the country we live in. Aligned to Common Core Standards and correlated to state standards. Essential Library is an imprint of Abdo Publishing, a division of ABDO.
The Miranda v. Arizona decision was instrumental in making sure that people accused of a crime are aware of all their rights and have equal access to counsel, even if they can not afford it. The Miranda rights, which are read to apprehended suspects, are one of the things people point to when they talk about American rights and freedoms. Readers will find out, in rich detail, how this now basic right came to pass. Also included are questions to consider, primary source documents, and a chronology of the case.