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Author: Gary L. Stuart
Publisher: University of Arizona Press
ISBN: 0816527636
Category : History
Languages : en
Pages : 236
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Book Description
One of the most significant Supreme Court cases in U.S. history has its roots in Arizona and is closely tied to the stateÕs 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 accusedÕs 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 itÑand without knowing that he didnÕt have to. MirandaÕs 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 clientÕs rights. A 1966 Supreme Court decision held that MirandaÕs 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 aftermathÑnot 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 CourtÕs 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 decisionÑlawyers, judges, and police officers, as well as suspects, scholars, and ordinary citizensÑoffer observations on the caseÕs 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 AmericaÕs 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.
Author: Gary L. Stuart
Publisher: University of Arizona Press
ISBN: 0816527636
Category : History
Languages : en
Pages : 236
Get Book Here
Book Description
One of the most significant Supreme Court cases in U.S. history has its roots in Arizona and is closely tied to the stateÕs 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 accusedÕs 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 itÑand without knowing that he didnÕt have to. MirandaÕs 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 clientÕs rights. A 1966 Supreme Court decision held that MirandaÕs 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 aftermathÑnot 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 CourtÕs 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 decisionÑlawyers, judges, and police officers, as well as suspects, scholars, and ordinary citizensÑoffer observations on the caseÕs 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 AmericaÕs 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.
Author: Michael Burgan
Publisher: Capstone
ISBN: 9780756520083
Category : Juvenile Nonfiction
Languages : en
Pages : 100
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Book Description
Examines how the Miranda right, "the right to remain silent" was implemented in the United States.
Author: Larry A. Van Meter
Publisher: Infobase Publishing
ISBN: 1438103395
Category : Constitutional courts
Languages : en
Pages : 113
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Book Description
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.
Author: United States. Wickersham Commission
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages :
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Book Description
Author: Maryam Ahranjani
Publisher: CQ Press
ISBN: 1483319466
Category : Law
Languages : en
Pages : 563
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Book Description
Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style by Maryam Ahranjani, Andrew Ferguson and Jamie Raskin – all of whom actively work in the area of juvenile justice -- the book addresses tough, important issues that directly affect today's youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.
Author: Fred Inbau
Publisher: Jones & Bartlett Publishers
ISBN: 076379936X
Category : Law
Languages : en
Pages : 487
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Book Description
Law Enforcement, Policing, & Security
Author: Lawrence S. Wrightsman
Publisher: Oxford University Press
ISBN: 0199750513
Category : Psychology
Languages : en
Pages : 205
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Book Description
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.
Author: Thomas Grisso
Publisher: Springer Science & Business Media
ISBN: 1468438158
Category : Law
Languages : en
Pages : 236
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Book Description
The research studies reported in this book were completed between June, 1976 and November, 1979, with a USPHS research grant (MH- 27849) from the Center for Studies of Crime and Delinquency, National Institute of Mental Health. Every phase of the project was an exercise in combining the research methods of psychology with the concerns of law, legal systems, and legal process. Research psychologists will be especially interested in our efforts to apply psychological constructs and research methods to a difficult decision-making problem in law. This report describes in some detail the project's development of experimental measures of psychological condi tions related to legal standards and demonstrates the ways in which research design was influenced by concerns of law and the juvenile justice system. Lawyers, judges, and youth advocate groups have already ex pressed considerable interest in the implications of the project's results for the formation and modification of juvenile law and procedure. In each chapter, I have attempted to describe carefully the ways in which the empirical research results are applicable to these concerns, and I have tried to specify the limits which must be acknowledged in inter preting the results for application in the legal process.
Author: George C. Thomas III
Publisher: Oxford University Press
ISBN: 0199939063
Category : Social Science
Languages : en
Pages : 328
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Book Description
How did the United States, a nation known for protecting the “right to remain silent” become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another? In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence. Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals. From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.
Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Category : Political Science
Languages : en
Pages : 541
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Book Description
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.
