Miranda: The Story of America's Right to Remain Silent

by
Format: Hardcover
Pub. Date: 2004-10-01
Publisher(s): Univ of Arizona Pr
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Summary

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.

Author Biography

Gary L. Stuart is a nationally recognized author and lecturer on trial advocacy, ethics, and professional responsibility. He was a partner in one of Arizona's largest law firms, Jennings, Strouss & Salmon, P.L.C., from 1967 through 1998 and now practices law part-time

Table of Contents

Forewordp. xiii
Prefacep. xv
Miranda
Crimes, Confessions, and Convictionsp. 3
Ernest Miranda Confesses to Carroll Cooleyp. 3
Miranda's Robbery Trialp. 8
Miranda's Rape Trialp. 15
The Case File of Coerced Confessionsp. 22
Sylvester Cassidy and Stanley Johnsonp. 23
Michael Vignerap. 24
Roy Allen Stewartp. 25
Carl Calvin Westoverp. 25
The Lawp. 27
Law and Order in '64p. 27
The American Right to Counselp. 29
The American Privilege against Self-Incriminationp. 33
Escobedop. 35
Miranda and the Arizona Supreme Courtp. 40
Robert J. Corcoran-The Birth of the Miranda Warningsp. 42
John P. Frank and the Miranda Briefsp. 45
The Oral Argumentsp. 51
Oral Argument in Miranda v. Arizonap. 53
John J. Flynnp. 53
Gary K. Nelsonp. 58
Duane R. Nedrudp. 60
Oral Argument in Vignera v. New Yorkp. 63
Victor M. Earle IIIp. 63
William I. Siegelp. 67
Oral Argument in Westover v. United Statesp. 69
F. Conger Fawcettp. 69
Solicitor General Thurgood Marshallp. 70
Oral Argument in California v. Stewartp. 74
Gordon Ringerp. 74
William A. Norrisp. 75
Oral Argument in Johnson and Cassidy v. New Jerseyp. 76
Stanford Shmuklerp. 76
Norman Heinep. 77
M. Gene Haeberlep. 79
The Aftermathp. 80
The Miranda Opinionp. 80
The Miranda Warningsp. 83
The Right to Remain Silentp. 85
The Second Warningp. 86
The Right to the "Presence" of an Attorneyp. 87
The Right to Counsel, Free of Chargep. 89
Waiving Miranda Rightsp. 90
Miranda's Retrialsp. 92
Miranda's Deathp. 95
The Ongoing Debatep. 100
Miranda in the Twenty-First Century
The Dickerson Casep. 107
Miranda Revisitedp. 107
The National Debate about Dickerson's Chances in the United States Supreme Courtp. 112
The Dickerson Oral Argumentsp. 114
The Dickerson Opinionp. 122
Continuing Legal Challenges to the Miranda Doctrine in the Wake of Dickersonp. 126
Fellers v. United States, U.S. Supreme Court Docket No. 02-6320, October Term, 2003-2004p. 126
United States v. Patane, U.S. Supreme Court Docket No. 02-1183, October Term, 2003-2004p. 127
Missouri v. Seibert, U.S. Supreme Court Docket No. 02-1371, October Term, 2003-2004p. 129
The Global Reachp. 131
Miranda in the Wake of September 11p. 131
Miranda and the al Qaeda Terrorp. 132
The Other American Taliban-Jose Padilla and Esam Hamdip. 136
A Broader Perspectivep. 139
Looking Back on Mirandap. 139
John P. Frank, Esq.p. 140
Peter D. Baird, Esq.p. 141
Dean Paul Benderp. 141
Judge J. Thomas Brooksp. 142
Captain Carroll Cooleyp. 142
Justice Robert J. Corcoranp. 143
John Dowd, Esq.p. 143
Judge Joseph Howep. 144
Robert Jensen, Esq.p. 144
Chris Johns, Esq.p. 145
Barry Kroll, Esq.p. 145
Senator Jon Kyl, R-Arizonap. 145
Rex E. Lee, Esq.p. 146
Professor Tom Mauetp. 147
Craig Mehrens, Esq.p. 147
Attorney General Gary K. Nelsonp. 148
Detective Ron Quaifep. 148
Charles Roush, Esq.p. 149
Chief Judge Mary Schroederp. 149
Mara Siegel, Esq.p. 150
Judge Barry Silvermanp. 150
Robert Storrs, Esq.p. 151
Paul Ulrich, Esq.p. 151
Judge Warren Wolfsonp. 152
Did Miranda Retard Law Enforcement?p. 152
False Confessions, the Temple Murder Case, and the Tucson Fourp. 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 Futurep. 169
Gideon's Legacyp. 169
Dickerson's Legacyp. 169
The Evolution of Mirandap. 170
Acknowledgmentsp. 175
Notesp. 177
Bibliographyp. 195
Primary Sources
Affidavits, Reports, Witness Statements, Photographs and Transcriptsp. 195
Personal Records, Correspondence, and Notesp. 195
Court Filings and Recordsp. 196
Author Interview Notes and Correspondence Filesp. 196
Audio, Video, and Multimedia Materialsp. 197
Secondary Sources
Booksp. 198
Principal Supreme Court Cases and Federal Statutesp. 199
Law Review Articlesp. 200
Selected Print Mediap. 203
Indexp. 205
Table of Contents provided by Ingram. All Rights Reserved.

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