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.

Presents an analysis of the Supreme Court's 1966 decision that ruled police must inform suspects in a crime of their legal rights

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.

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.

Origins probes the intentions of the framers of the Fifth Amendment.

""Flynn and Miranda: How Americans got their constitutional rights to legal representation and their of right of silence." "Two men from opposite ends of the human social spectrum who came together in one blazing moment of legal history and how that moment changed their lives and the lives of all Amereicans.""--

If you've ever seen an episode of Law and Order, you can probably recite your Miranda rights by heart. But you likely don't know that these rights had their roots in the case of a young Chinese man accused of murdering three diplomats in Washington DC in 1919. A frantic search for clues and dogged interrogations by gumshoes erupted in sensational news and editorial coverage and intensified international pressure on the police to crack the case. Part murder mystery, part courtroom drama, and part landmark legal case, The Third Degree is the true story of a young man's abuse by the Washington police and an arduous, seven-year journey through the legal system that drew in Warren G. Harding, William Howard Taft, Oliver Wendell Holmes, John W. Davis, and J. Edgar Hoover. The ordeal culminated in a sweeping Supreme Court ruling penned by Justice Louis Brandeis that set the stage for the Miranda warning many years later. Scott D. Seligman argues that the importance of the case hinges not on the defendant's guilt or innocence but on the imperative that a system that presumes one is innocent until proven guilty provides protections against coerced confessions. Today, when the treatment of suspects between arrest and trial remains controversial, when bias against immigrants and minorities in law enforcement continues to deny them their rights, and when protecting individuals from compulsory self-incrimination is still an uphill battle, this century-old legal spellbinder is a cautionary tale that reminds us how we got where we are today and makes us wonder how far we have yet to go.

Mirandized Nation: The Inside Story of Ernesto Miranda and the Phoenix Police Department tells the story of the Phoenix PD investigation that ended in Ernest Miranda's arrest, revealing how law enforcement operated before, during, and after the Miranda Ruling by the United States Supreme Court.

Traces the history of the Miranda decision, discusses Earl Warren's work in writing the decision, recounts Nixon's political opposition, and examines Warren Burger's subsequent influence on the Supreme Court.