The Story of America's Right to Remain Silent
Looks at the evnets of Ernesto Miranda's arrest, conviction, and appeal, and how the Miranda rights were established.
Stuart was a partner in one of Arizona's largest law firms for three decades, and is a nationally recognized author and lecturer on legal issues. Based on interviews with 24 individuals directly connected with the Miranda decision, Stuart recounts the events of Ernest Miranda's capture, conviction, and first appeal, and how the defense team created the argument brought before the Supreme Court which led to the establishment of Miranda rights. He also discusses the aftermath, including subsequent test cases and the ongoing political and legal debate; what finally happened to Ernest Miranda; and the legacy and fate of Miranda in the 21st century, as the U.S. faces new challenges to its criminal code beyond our national borders. Annotation ©2004 Book News, Inc., Portland, OR (booknews.com)
Blackwell North Amer
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.
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