Cover image for Miranda : the story of America's right to remain silent
Title:
Miranda : the story of America's right to remain silent
Author:
Stuart, Gary L., 1939-
Personal Author:
Edition:
First edition.
Publication Information:
Tucson : University of Arizona Press, [2004]

©2004
Physical Description:
xxii, 212 pages ; 24 cm
Language:
English
Contents:
Crimes, confessions, and convictions -- The law -- The oral arguments -- The aftermath -- The ongoing debate -- The Dickerson case -- The global reach -- A broader perspective -- The future.
ISBN:
9780816523139
Format :
Book

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Summary

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. 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.


Author Notes

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


Reviews 2

Booklist Review

It seems odd to think of it, but a suspect's right to remain silent is only four decades old. Well, that's not precisely true: U.S. citizens have had the right not to incriminate themselves for some time, but it was not until the 1963 case of Miranda v. Arizona that advising a suspect of the right to remain silent became encoded in law. When told he had been identified by a witness, Ernesto Miranda, an accused serial rapist, figured he might as well fess up. He didn't know he had the right to keep his mouth shut because the police officers hadn't told him. That simple, seemingly insignificant incident changed the American legal system in a massive way. The author, an attorney and law professor who knew many of the people involved in the Miranda case and its aftermath, tells the story simply, making even the most complicated and subtle legal points entirely clear. He also explores how the Miranda decision affects law enforcement in the post-9/11 world. Interesting, timely, and important. --David Pitt Copyright 2004 Booklist


Choice Review

Miranda is the Supreme Court case that has the unique distinction of being reduced to a verb. In part this book is about Ernesto Miranda, but in much larger part it is a story about the right to know what a citizen's rights are. About 100 pages are devoted to Miranda and progeny from the crimes to oral argument and the Court's opinion, another 30 or so pages focus on its subsequent outcomes, and about 70 pages concentrate on its unanticipated aftermath. Stuart discusses whether terror suspects have the same rights as citizens and poses several domestic queries as well: Did Miranda retard law enforcement? Why did the Court switch from the Sixth Amendment in Escobedo to the Fifth Amendment in Miranda? Was it police methodology or political ideology? "The right to remain silent should never be rescinded in the interests of national security ... or on the strength of any other reason.... Whether we choose silence or to confess is not really the point. Knowing that we can choose one or the other is the point." It is clear that the author's lenses are rights-based. Stuart's last words are "Thank you, Miranda." ^BSumming Up: Recommended. General readers, undergraduate, professional, and research collections. D. S. Mann College of Charleston


Table of Contents

Janet Napolitano
Forewordp. xiii
Prefacep. xv
Part 1 Miranda
1 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
2 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
3 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
4 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
5 The Ongoing Debatep. 100
Part 2 Miranda in the Twenty-First Century
6 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
7 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
8 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
9 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