Miranda Law: The Right to Remain Silent

By Ron Fridell | Go to book overview

Two
YOU HAVE THE RIGHT TO
REMAIN SILENT

Miranda V. Arizona (1966) was a landmark U.S. Supreme Court ruling. In other words, it set precedent—it influenced rulings in a great many cases that followed. Deciding Miranda was a tough and tricky task. The nine U.S. Supreme Court justices who helped shape the Miranda ruling had to balance two conflicting concerns. The first was protecting the public from criminals. The second was protecting criminal suspects from abuses by law enforcement officers and trial courts.

Miranda was also a carefully documented decision. The justices who made the 1966 ruling reached well back into history for help. Their ruling was based on what they called [principles long recognized and applied in other settings.] In other words, their ruling was grounded in rulings from past cases. Some of these cases dealt with the Fifth Amendment right to remain silent: [No person shall be … compelled in any criminal case to be a witness against himself.]

These cases included the Lilburn Star Chamber case (1637), Brown v. Walker (1896), Brown v. Mississippi (1936), and Malloy v. Hogan (1964). The Miranda justices cited, or referred to, each of these cases in their ruling.

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Miranda Law: The Right to Remain Silent
Table of contents

Table of contents

  • Title Page 3
  • Contents 5
  • One - The Miranda Rule 7
  • Two - You Have the Right to Remain Silent 18
  • Three - You Have the Right to Counsel 33
  • Four - Filling the Case 55
  • Five - The Oral Arguments 64
  • Six - The Ruling 77
  • Seven - Reactions to the Ruling 91
  • Eight - Exception and Extensions 97
  • Nine - Miranda is Challenged 107
  • Ten - Miranda Today 113
  • Notes 129
  • Further Information 135
  • Bibliography 137
  • Index 139
  • About the Author 144
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