Reconsidering Miranda

Reconsidering Miranda PDF Author: Stephen J. Schulhofer
Publisher:
ISBN:
Category : Confession (Law)
Languages : en
Pages : 40

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Book Description

Reconsidering Miranda

Reconsidering Miranda PDF Author: Stephen J. Schulhofer
Publisher:
ISBN:
Category : Confession (Law)
Languages : en
Pages : 40

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Book Description


The Miranda Debate

The Miranda Debate PDF Author: Richard A. Leo
Publisher: UPNE
ISBN: 9781555533380
Category : History
Languages : en
Pages : 370

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Book Description
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.

Miranda

Miranda PDF Author: Gary L. Stuart
Publisher: University of Arizona Press
ISBN: 0816599025
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 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.

Miranda's Waning Protections

Miranda's Waning Protections PDF Author: Welsh S. White
Publisher: University of Michigan Press
ISBN: 0472026062
Category : Law
Languages : en
Pages : 240

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Book Description
Did the Supreme Court's upholding of Miranda in 2000 adversely impact law enforcement, as conservatives have complained, or was it a reaffirmation of individual rights? Welsh S. White looks at both sides of the issue, emphasizing that Miranda represents just one stage in the Court's ongoing struggle to accommodate a fundamental conflict between law enforcement and civil liberties, and assessing whether the Court's present decisions (including Miranda) strike an appropriate balance between promoting law enforcement's interest in obtaining reliable evidence and the individual's interest in being protected from overreaching police practices. Welsh S. White is Professor of Law, University of Pittsburgh School of Law. He is best known for his work on capital punishment and has published and lectured on the death penalty for the past twenty years.

The Nature of Supreme Court Power

The Nature of Supreme Court Power PDF Author: Matthew E. K. Hall
Publisher: Cambridge University Press
ISBN: 1139495399
Category : Political Science
Languages : en
Pages : 265

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Book Description
Few institutions in the world are credited with initiating and confounding political change on the scale of the United States Supreme Court. The Court is uniquely positioned to enhance or inhibit political reform, enshrine or dismantle social inequalities, and expand or suppress individual rights. Yet despite claims of victory from judicial activists and complaints of undemocratic lawmaking from the Court's critics, numerous studies of the Court assert that it wields little real power. This book examines the nature of Supreme Court power by identifying conditions under which the Court is successful at altering the behavior of state and private actors. Employing a series of longitudinal studies that use quantitative measures of behavior outcomes across a wide range of issue areas, it develops and supports a new theory of Supreme Court power.

Confessions, Truth, and the Law

Confessions, Truth, and the Law PDF Author: Joseph D. Grano
Publisher: University of Michigan Press
ISBN: 9780472084159
Category : Law
Languages : en
Pages : 352

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Book Description
An analysis of the Miranda decision and the rights of the accused in the criminal justice system

Constitutional Exclusion

Constitutional Exclusion PDF Author: James J. Tomkovicz
Publisher: Oxford University Press, USA
ISBN: 0195369246
Category : Law
Languages : en
Pages : 449

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Book Description
In this volume, James Tomkovicz discusses the 'exclusionary rules' which prevent evidence of a criminal defendant's guilt from being introduced at trial, and which incite strong, often hostile reactions from the public.

The Supreme Court Under Earl Warren, 1953-1969

The Supreme Court Under Earl Warren, 1953-1969 PDF Author: Michal R. Belknap
Publisher: Univ of South Carolina Press
ISBN: 9781570035630
Category : Biography & Autobiography
Languages : en
Pages : 464

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Book Description
In The Supreme Court under Earl Warren, 1953-1969, Michal Belknap recounts the eventful history of the Warren Court. Chief Justice Earl Warren's sixteen years on the bench were among the most dramatic, productive, and controversial in the history of the Supreme Court. Warren's tenure saw the Court render decisions that are still hotly debated today. Its rulings addressed such issues as school desegregation, separation of church and state, and freedom of expression.

Solicitor General Oversight

Solicitor General Oversight PDF Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 112

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Book Description


The Oxford Companion to American Law

The Oxford Companion to American Law PDF Author: Kermit L. Hall
Publisher: Oxford University Press
ISBN: 0199771162
Category : Law
Languages : en
Pages : 939

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Book Description
A landmark in legal publishing, The Oxford Companion to the Supreme Court is a now classic text many of whose entries are regularly cited by scholars as the definitive statement on any particular subject. In the tradition of that work, editor in chief Kermit L. Hall offers up The Oxford Companion to American Law, a one-volume, A-Z encyclopedia that covers topics ranging from aging and the law, wiretapping and electronic eavesdropping, the Salem Witch Trials and Plessy vs. Ferguson. The Companion takes as its starting point the insight that law is embedded in society, and that to understand American law one must necessarily ask questions about the relationship between it and the social order, now and in the past. The volume assumes that American law, in all its richness and complexity, cannot be understood in isolation, as simply the business of the Supreme Court, or as a list of common law doctrines. Hence, the volume takes seriously issues involving laws role in structuring decisions about governance, the significance of state and local law and legal institutions, and the place of American law in a comparative international perspective. Nearly 500 entries are included, written by over 300 expert contributors. Intended for the working lawyer or judge, the high school student working on a term paper, or the general adult reader interested in the topic, the Companion is the authoritative reference work on the subject of American law.