Call Number: Law Stacks Third Floor KF224.M54G85 2020
ISBN: 9781946074300
Publication Date: 2020-06-01
Miranda v. Arizona ranks as one of the best-known United States Supreme Court decisions of all time. Most Americans can recite at least a portion of the Miranda warning, largely due to its regular appearances in television shows and movies. Further, the important legal issues raised by the case have been exhaustively studied and discussed by legal academics for the past fifty years. However, Miranda v. Arizona is far more than the words police recite to suspects today, and far more than a legal analysis of the case itself. It is a series of deeply personal and remarkable stories. Miranda v. Arizona is a story of devastating crimes, young victims, novice police officers, a serial sex offender, purse snatchings, robberies, strategic moves, brilliant lawyering, bravery, brutality, misogyny, murder, and poor choices. Some of those whose stories we tell simply did their jobs, surprised to this day that anyone is still interested in the case. Others were acutely aware that their actions could change law enforcement as they knew it. Our goal was to produce a meticulously researched book that was interesting and accessible--not just to the legal reader, but to all readers. By telling these stories, we hope to give life and meaning to the five words that changed America.
Call Number: Law, KSL Stacks Third Floor KF224.M54S78 2004 (print)
ISBN: 0816523134
Publication Date: 2004-10-01
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.
You have the right to remain silent. Anything you say can and probably will be used against you in a court of law. You have the right to an attorney... The famous Miranda warnings became part of the common lexicon after the Supreme Court decision in Miranda v. Arizona in 1966. Yet it remains controversial to this day. 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? Do the warnings affect the validity of confessions? With excerpts from court cases, legislative statutes, and opinions by political commentators and legal scholars alike, ""Miranda Rights"" will spark discussion as it highlights resources that will help students form educated opinions.
R Coppola - Suffolk Transnat'l L. Rev., 2022 - HeinOnline
… "Miranda warnings" prior to custodial interrogation. In recent years, courts have grappled with
the legality of the "two-stepinterrogation,… Miranda warnings and repeat the interrogation. In …
… interrogations dates back to well before Miranda v. Arizona.1 … to Miranda, the Court carved
out certain interrogation rules to … They may either follow a two-step approach that involves first …
By: BENNETT, JESSICA. Golden Gate University Law Review. Jan2018, Vol. 48 Issue 1, p5-30. 26p. , Database: Academic Search Premier
Subjects: POLICE questioning -- Law & legislation; MIRANDA rights; DUE process of law; RIGHT to counsel; CRIMINAL investigation; POLICE corruption; ACTIONS & defenses (Law); UNITED States; Police Protection
By: FEIFEI JIANG. Columbia Journal of Law & Social Problems. Summer2014, Vol. 47 Issue 4, p453-483. 31p. , Database: Academic Search Premier
Subjects: INTERVIEWING in law enforcement -- Technique; FEDERAL courts; CRIMINAL evidence; TERRORISM investigation; LAW enforcement officials; MIRANDA rights; ADMISSIBLE evidence; POLICE questioning -- Technique; UNITED States; Federal courts of law
By: Ross Crain, Lee. Michigan Law Review. Dec2013, Vol. 112 Issue 3, p453-488. 36p. , Database: Academic Search Premier
Subjects: MIRANDA rights; POLICE questioning -- Law & legislation; NATIONAL security; COUNTERTERRORISM; CRIME suspects; CONSTITUTIONAL law; ACTIONS & defenses (Law); STATUS (Law); UNITED States; UNITED States. Constitution. 5th Amendment; National Security; MISSOURI v. Seibert (Supreme Court case)
By: Goldberg, Seth. St. John's Law Review. Fall2005, Vol. 79 Issue 4, p1287-1312. 26p. , Database: Academic Search Premier
Subjects: POLICE questioning; CRIMINAL investigation; INTERVIEWING in law enforcement; MIRANDA v. Arizona; POLICE; Police Protection; Municipal police services; Federal police services; Provincial police services
In 2018, death row prisoner Scott Allen was ordered to undergo a psychiatric evaluation to determine whether he was competent enough to fire his appointed attorneys. The competency hearing was not ordered by Scott’s counsel; rather, a superior court judge did so at the behest of an undisclosed third party. The problem was that Scott Allen had no history or symptoms of an intellectual disability or mental illness, nor was either a mitigatory claim in his appeal. The attorney-client conflict was triggered by Scott’s pro se effort to remove counsel after they ignored his lawful instructions to include potentially exculpatory evidence in an appellate brief. Exclusion of such information in the brief at the state level would find it procedurally barred in a federal habeas petition. This danger was reinforced by the U.S. Supreme Court’s conservative majority ruling in Shinn v. Ramirez. The Court held that defendants bear responsibility for all attorney errors and cannot depend on federal courts to be fact finders when new evidence that should have been presented in state courts is raised in a habeas petition. This procedural bar prevents raising a claim of ineffective assistance of post-conviction counsel, creating a circumstance where defendants must be a check against less than diligent attorneys. When capital defendants pursue due process in the course of their appeals, they often contend with attorneys who are only interested in their own agendas and defense strategies, interference from third parties that support defense counsel but not necessarily the interests of the defendant, federal courts hamstrung by Supreme Court rulings, and the “otherism” taught to attorneys in the 2003 American Bar Association ethical guidelines. Through this quagmire, capital defendants gamble life and freedom on the ability of their attorneys to avoid errors and pursue client interests. It is through this legal nightmare those who seek to overturn wrongful convictions must fight the status quo of delay. [ABSTRACT FROM AUTHOR]
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By: Gershowitz, Adam M. Michigan Law Review. Oct2014, Vol. 113 Issue 1, p1-55. 55p. , Database: Academic Search Premier
Subjects: CLEMENCY; CAPITAL punishment sentencing; APPELLATE procedure; HABEAS corpus; GOVERNORS -- Powers & duties; LEGAL status of death row inmates; PAROLE boards; ACTIONS & defenses (Law); STATE laws; UNITED States; Executive Offices; Parole Offices and Probation Offices; Federal correctional services
By: Aglialoro, Matthew. Cornell Journal of Law & Public Policy. Spring2014, Vol. 23 Issue 3, p635-660. 26p. , Database: Legal Collection
Subjects: UNITED States; ACTUAL innocence; HERRERA v. Collins (Supreme Court case); UNITED States. Supreme Court; LEGAL status of prisoners; HABEAS corpus; UNITED States. Constitution. 8th Amendment; EXECUTIONS & executioners; DUE process of law; LAW
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"--these are modern idioms--but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantánamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
L Kovarsky - Tex. L. Rev. Online, 2022 - HeinOnline
… Halliday laid waste to the whig take on English habeas practice, relying on his multicentury
… creatively used habeas process to aggrandize judicial power.13 Professor Halliday was …
L Kovarsky - Available at SSRN 4520056, 2023 - papers.ssrn.com
… Along with many others, I consider Professor Halliday’s book to be the defining work of
English habeas history, and I reference it often throughout this Essay. See, eg, Stephen I. Vladeck…
PD Halliday - Journal of British Studies, 2023 - cambridge.org
… As did other supreme courts, the justices in Colombo analogized their authority to use habeas corpus by common law. As Justice Charles Marshall put it, “the right of issuing writs …
MP Unger - Interrupting the Legal Person, 2022 - emerald.com
… And, more problematically, in the case of the writ’s corollary suspension clause, as Halliday
and White point out, habeas corpus masks a politics of recognition. The initial writ of 1679 …
… a rapid rise in habeas petitions that threatened conservation … before they could receive
federal habeas relief. Post-AEDPA … decisions that expanded federal habeas corpus, subsequent …
D Frände, E Yli-Hemminki - Elgar Encyclopedia of Crime and …, 2022 - elgaronline.com
… of habeas corpus. It will provide a summary of how the writ has developed in → England and
Wales and the → USA. Next, we deal with habeas … of habeas corpus. The first is the right to …
G Abbate - Italian Review of Legal History, 2022 - riviste.unimi.it
… towards the application of habeas corpus in favor of the colonized subjects. Being a tool that
… 63 Sul tema dell’operatività del writ di habeas corpus in colonia, Halliday, 2010; Halliday…
… in incarceration are not grounds for habeas relief, or even habeas inquiry. In this Note, I take
… his newly proposed regime for habeas corpus. I conclude that if habeas corpus were held to …
… habeas corpus after the Supreme Court's decision in Vavilov from the perspective of the
principle of legality. It suggests that while Vavilov should change how habeas … of habeas corpus, …
… Brophy praised the work of Paul Halliday on habeas corpus (of which more will be said later
in this paper), holding it up as an example of work that can “help us understand the context …
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Litman, The Myth of the Great Writ, 100 Tex. L. Rev. 219, 222 (2021) ("While habeas is sometimes a device for securing individual liberty, it has also served as a vehicle for the racialization and subordination of disadvantaged groups and for normalizing excesses of government power, and that is not merely because habeas courts failed to grant relief in some cases."). 06 See, e.g., Michelle Alexander, The New Jim Crow 59 (2010)
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Litman, The Myth of the Great Writ, 100 Tex. L. Rev. 219, 222 (2021) ("While habeas is sometimes a device for securing individual liberty, it has also served as a vehicle for the racialization and subordination of disadvantaged groups and for normalizing excesses of government power, and that is not merely because habeas courts failed to grant relief in some cases."). 106 See, e.g., Michelle Alexander, The New Jim Crow 59 (2010)