
Miranda: The Story of America's Right to Remain Silent
by Stuart, Gary L.-
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Summary
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.
Author Biography
Table of Contents
Foreword | p. xiii |
Preface | p. xv |
Miranda | |
Crimes, Confessions, and Convictions | p. 3 |
Ernest Miranda Confesses to Carroll Cooley | p. 3 |
Miranda's Robbery Trial | p. 8 |
Miranda's Rape Trial | p. 15 |
The Case File of Coerced Confessions | p. 22 |
Sylvester Cassidy and Stanley Johnson | p. 23 |
Michael Vignera | p. 24 |
Roy Allen Stewart | p. 25 |
Carl Calvin Westover | p. 25 |
The Law | p. 27 |
Law and Order in '64 | p. 27 |
The American Right to Counsel | p. 29 |
The American Privilege against Self-Incrimination | p. 33 |
Escobedo | p. 35 |
Miranda and the Arizona Supreme Court | p. 40 |
Robert J. Corcoran-The Birth of the Miranda Warnings | p. 42 |
John P. Frank and the Miranda Briefs | p. 45 |
The Oral Arguments | p. 51 |
Oral Argument in Miranda v. Arizona | p. 53 |
John J. Flynn | p. 53 |
Gary K. Nelson | p. 58 |
Duane R. Nedrud | p. 60 |
Oral Argument in Vignera v. New York | p. 63 |
Victor M. Earle III | p. 63 |
William I. Siegel | p. 67 |
Oral Argument in Westover v. United States | p. 69 |
F. Conger Fawcett | p. 69 |
Solicitor General Thurgood Marshall | p. 70 |
Oral Argument in California v. Stewart | p. 74 |
Gordon Ringer | p. 74 |
William A. Norris | p. 75 |
Oral Argument in Johnson and Cassidy v. New Jersey | p. 76 |
Stanford Shmukler | p. 76 |
Norman Heine | p. 77 |
M. Gene Haeberle | p. 79 |
The Aftermath | p. 80 |
The Miranda Opinion | p. 80 |
The Miranda Warnings | p. 83 |
The Right to Remain Silent | p. 85 |
The Second Warning | p. 86 |
The Right to the "Presence" of an Attorney | p. 87 |
The Right to Counsel, Free of Charge | p. 89 |
Waiving Miranda Rights | p. 90 |
Miranda's Retrials | p. 92 |
Miranda's Death | p. 95 |
The Ongoing Debate | p. 100 |
Miranda in the Twenty-First Century | |
The Dickerson Case | p. 107 |
Miranda Revisited | p. 107 |
The National Debate about Dickerson's Chances in the United States Supreme Court | p. 112 |
The Dickerson Oral Arguments | p. 114 |
The Dickerson Opinion | p. 122 |
Continuing Legal Challenges to the Miranda Doctrine in the Wake of Dickerson | p. 126 |
Fellers v. United States, U.S. Supreme Court Docket No. 02-6320, October Term, 2003-2004 | p. 126 |
United States v. Patane, U.S. Supreme Court Docket No. 02-1183, October Term, 2003-2004 | p. 127 |
Missouri v. Seibert, U.S. Supreme Court Docket No. 02-1371, October Term, 2003-2004 | p. 129 |
The Global Reach | p. 131 |
Miranda in the Wake of September 11 | p. 131 |
Miranda and the al Qaeda Terror | p. 132 |
The Other American Taliban-Jose Padilla and Esam Hamdi | p. 136 |
A Broader Perspective | p. 139 |
Looking Back on Miranda | p. 139 |
John P. Frank, Esq. | p. 140 |
Peter D. Baird, Esq. | p. 141 |
Dean Paul Bender | p. 141 |
Judge J. Thomas Brooks | p. 142 |
Captain Carroll Cooley | p. 142 |
Justice Robert J. Corcoran | p. 143 |
John Dowd, Esq. | p. 143 |
Judge Joseph Howe | p. 144 |
Robert Jensen, Esq. | p. 144 |
Chris Johns, Esq. | p. 145 |
Barry Kroll, Esq. | p. 145 |
Senator Jon Kyl, R-Arizona | p. 145 |
Rex E. Lee, Esq. | p. 146 |
Professor Tom Mauet | p. 147 |
Craig Mehrens, Esq. | p. 147 |
Attorney General Gary K. Nelson | p. 148 |
Detective Ron Quaife | p. 148 |
Charles Roush, Esq. | p. 149 |
Chief Judge Mary Schroeder | p. 149 |
Mara Siegel, Esq. | p. 150 |
Judge Barry Silverman | p. 150 |
Robert Storrs, Esq. | p. 151 |
Paul Ulrich, Esq. | p. 151 |
Judge Warren Wolfson | p. 152 |
Did Miranda Retard Law Enforcement? | p. 152 |
False Confessions, the Temple Murder Case, and the Tucson Four | p. 155 |
If Miranda Was a Liberal Decision, Why Was Dickerson a Conservative Decision? | p. 159 |
Why Did the Court Switch from the Sixth Amendment in Escobedo to the Fifth Amendment in Miranda? | p. 161 |
Was It Police Methodology or Political Ideology? | p. 162 |
When Did Miranda Become a "Constitutional" Decision? | p. 167 |
The Future | p. 169 |
Gideon's Legacy | p. 169 |
Dickerson's Legacy | p. 169 |
The Evolution of Miranda | p. 170 |
Acknowledgments | p. 175 |
Notes | p. 177 |
Bibliography | p. 195 |
Primary Sources | |
Affidavits, Reports, Witness Statements, Photographs and Transcripts | p. 195 |
Personal Records, Correspondence, and Notes | p. 195 |
Court Filings and Records | p. 196 |
Author Interview Notes and Correspondence Files | p. 196 |
Audio, Video, and Multimedia Materials | p. 197 |
Secondary Sources | |
Books | p. 198 |
Principal Supreme Court Cases and Federal Statutes | p. 199 |
Law Review Articles | p. 200 |
Selected Print Media | p. 203 |
Index | p. 205 |
Table of Contents provided by Ingram. All Rights Reserved. |
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