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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: 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: 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: Charles Gardner Geyh
Publisher:
ISBN: 9781663308368
Category : Judicial ethics
Languages : en
Pages :
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Book Description
Author: James L. Gibson
Publisher: Russell Sage Foundation
ISBN: 161044907X
Category : Political Science
Languages : en
Pages : 379
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Book Description
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
Author: Valerie J. Hoekstra
Publisher: Cambridge University Press
ISBN: 1139440357
Category : Political Science
Languages : en
Pages : 191
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Book Description
In The Supreme Court and Local Public Opinion, Valerie Hoekstra looks at reactions to Supreme Court decisions in the local communities where the controversies began. She finds considerable media coverage of these cases and a highly informed local populace. While the rulings did not have a significant impact on how citizens felt about the issues in these cases, the rulings did have an important effect on how citizens felt about the Court. The evidence Hoekstra uses comes from a series of two-wave panel studies conducted prior to and following the Supreme Court's decisions. This book provides important insights into how the public learns about Supreme Court decisions and how support for the Court is incrementally gained and lost as it announces its decisions.
Author: Clint Bolick
Publisher: Cato Institute
ISBN: 1933995475
Category : Political Science
Languages : en
Pages : 309
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Book Description
Set against the backdrop of a monopoly public school system that consigns millions of disadvantaged children to educational inequality, the Cleveland school vouchers case, appealed all the way to the Supreme Court -- which on June 27, 2002 upheld the program in an historic decision -- has brought the issue of educational freedom to national attention. Some have called it the most important lawsuit of its kind since Brown v. Board of Education. In this book, Clint Bolick, one of the premier fighters for school choice in the nation, and counsel in the Cleveland case, recounts the drama and the tactics of the 12-year battle for choice and, in the process, distills crucial lessons for future educational freedom battles.
Author: Don Rauf
Publisher: Enslow Publishing, LLC
ISBN: 0766084299
Category : Juvenile Nonfiction
Languages : en
Pages : 130
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Book Description
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.
Author: James W. Johnson
Publisher: University of Arizona Press
ISBN: 0816522030
Category : Biography & Autobiography
Languages : en
Pages : 225
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Book Description
Portraits of 21 Arizonans who have had an impact on American politics in the twentieth century.
Author: Clint Bolick
Publisher: Cato Institute
ISBN: 1933995025
Category : Law
Languages : en
Pages : 208
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Book Description
Judicial activism is condemned by both right and left, for good reason: lawless courts are a threat to republican government. But challenging conventional wisdom, constitutional litigator Clint Bolick argues in Davids Hammer that far worse is a judiciary that allows the other branches of government to run roughshod over precious liberties. That, Bolick demonstrates, is exactly the role the framers intended the courts to play, envisioning a judiciary deferential to proper democratic governance but bold in defense of freedom. But the historical record is painfully uneven. During the Warren era.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 1362
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