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Book The Miranda Debate

    Book Details:
  • Author : Richard A. Leo
  • Publisher : UPNE
  • Release : 1998
  • ISBN : 9781555533380
  • Pages : 370 pages

Download or read book The Miranda Debate written by Richard A. Leo and published by UPNE. This book was released on 1998 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: New in paperback. An in-depth collection of key writings on the Supreme Court's controversial 1966 ruling in Miranda v. Arizona, a decision that remains at the forefront of today's debate about defendants' constitutional rights, victims' rights, and crime control.

Book Miranda

    Book Details:
  • Author : Gary L. Stuart
  • Publisher : University of Arizona Press
  • Release : 2013-11-01
  • ISBN : 0816599025
  • Pages : 236 pages

Download or read book Miranda written by Gary L. Stuart and published by University of Arizona Press. This book was released on 2013-11-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Constitutional Debate in Action

Download or read book Constitutional Debate in Action written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2005 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy. Each volume provides in-depth and updated examinations of key landmark decisions. Criminal Justice covers: Incorporation and the Right to a Jury Trial: Duncan v. Louisiana, Police Confessions: Miranda v. Arizona, Plea Bargaining North Carolina v. Alford, The Exclusionary Rule: United States v. Leon, and The Death Penalty: Gregg v. Georgia.

Book Public Opinion and Constitutional Controversy

Download or read book Public Opinion and Constitutional Controversy written by Nathaniel Persily and published by Oxford University Press. This book was released on 2008 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of American public opinion on the key constitutional controversies of the twentieth century: desegregation, school prayer, abortion, the death penalty, gay rights, and national security, to name just a few. It examines each controversy, explaining how public attitudes have shifted over time, especially in the wake of prominent Supreme Court decisions.

Book Law without Justice

    Book Details:
  • Author : Paul H. Robinson
  • Publisher : Oxford University Press
  • Release : 2005-12-01
  • ISBN : 0198036310
  • Pages : 332 pages

Download or read book Law without Justice written by Paul H. Robinson and published by Oxford University Press. This book was released on 2005-12-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: If an innocent person is sent to prison or if a killer walks free, we are outraged. The legal system assures us, and we expect and demand, that it will seek to "do justice" in criminal cases. So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? In this unflinching look at American criminal law, Paul Robinson and Michael Cahill demonstrate that cases with unjust outcomes are not always irregular or unpredictable. Rather, the criminal law sometimes chooses not to give defendants what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work. The authors find that while some justice-sacrificing doctrines serve their intended purpose, many others do not, or could be replaced by other, better rules that would serve the purpose without abandoning a just result. With a panoramic view of the overlapping and often competing goals that our legal institutions must balance on a daily basis, Law without Justice challenges us to restore justice to the criminal justice system.

Book Torture

    Book Details:
  • Author : Sanford Levinson
  • Publisher : Oxford University Press
  • Release : 2006
  • ISBN : 0195306465
  • Pages : 326 pages

Download or read book Torture written by Sanford Levinson and published by Oxford University Press. This book was released on 2006 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays will address some of the most controversial issues surrounding torture: how it is used by governments, legal definitions of torture, the theological implications of torturing, torture in declared states of emergency and why it should be prohibited.

Book Miranda Rights

    Book Details:
  • Author : Paul Ruschmann
  • Publisher : Infobase Publishing
  • Release : 2007
  • ISBN : 1438106106
  • Pages : 127 pages

Download or read book Miranda Rights written by Paul Ruschmann and published by Infobase Publishing. This book was released on 2007 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Miranda warnings became part of the common lexicon after the Supreme Court decision in Miranda v Arizona in 1966. This book examines both sides of Miranda-related questions: Is the Miranda decision a violation of separation of powers or the concept of federalism? Does making mandatory the reading of the rules free guilty criminals? And more.

Book The Miranda Ruling

    Book Details:
  • Author : Lawrence S. Wrightsman
  • Publisher : Oxford University Press
  • Release : 2010-05-19
  • ISBN : 0199750513
  • Pages : 205 pages

Download or read book The Miranda Ruling written by Lawrence S. Wrightsman and published by Oxford University Press. This book was released on 2010-05-19 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the original goal of the authors of the Miranda law be salvaged? This book examines the state of interrogations and the state of the law before the Miranda decision was made, the purposes and nature of the decision, and proposes recommendations for reinstituting the original goals.

Book Miranda V  Arizona and the Rights of the Accused

Download or read book Miranda V Arizona and the Rights of the Accused written by Carol Kelly-Gangi and published by Enslow Publishing. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at arguments for and against the Miranda warnings, how the Supreme Court made its historic decision, and the impact this has had on the rights of suspects.

Book 74th Annual Discussion and Debate Source Book

Download or read book 74th Annual Discussion and Debate Source Book written by and published by . This book was released on 2000 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Miranda s Social Costs

    Book Details:
  • Author : Paul G. Cassell
  • Publisher :
  • Release : 2013
  • ISBN :
  • Pages : 0 pages

Download or read book Miranda s Social Costs written by Paul G. Cassell and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common sense suggests fewer persons will confess if police must warn them of their right to silence, obtain affirmative waivers from them, and end the interrogation if they ask for a lawyer or for questioning to stop, as required under Miranda v. Arizona. Yet the conventional academic wisdom is that Miranda's effects are negligible. Perhaps more surprisingly, no one has bothered to quantify Miranda's effect on the criminal justice system so as to explain what a “negligible” effect is and how many dangerous criminals such an effect involves. This Article contends that the conventional academic wisdom about Miranda's effects is simply wrong. In defense of this thesis, this Article makes the first attempt to advance the Miranda debate beyond the prevailing qualitative level. It proceeds in six parts. Part I briefly describes the proper methodology for assessing Miranda's costs. Part II reviews the available empirical evidence concerning Miranda's effect on confession rates and on the role of confessions in obtaining convictions. Part III then specifically quantifies Miranda's costs, both in terms of lost cases and more favorable plea bargains for defendants. Part IV responds to anticipated challenges to these results. Part V examines whether this concept of a cost to Miranda is a “legitimate” one. Finally, Part VI assesses Miranda's costs and concludes that they are unacceptably high, particularly because alternatives such as videotaping police interrogations can more effectively prevent coercion while reducing Miranda's harms to society.

Book Police in America

    Book Details:
  • Author : Steven G. Brandl
  • Publisher : SAGE Publications
  • Release : 2017-01-25
  • ISBN : 1483379124
  • Pages : 433 pages

Download or read book Police in America written by Steven G. Brandl and published by SAGE Publications. This book was released on 2017-01-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Police in America provides students with a comprehensive and realistic introduction to modern policing in our society. Utilizing real-word examples grounded in evidence-based research, this easy-to-read, conversational text helps students think critically about the many misconceptions of police work and understand best practices in everyday policing. Respected scholar and author Steven G. Brandl draws from his experience in law enforcement to emphasize the positive aspects of policing without sugar-coating the controversies of police work. Brandl tackles important topics that center on one question: “What is good policing?” This includes discussions of discretion, police use of force, and tough ethical and moral dilemmas—giving students a deeper look into the complex issues of policing to help them think more broadly about its impact on society. Students will walk away from this text with a well-developed understanding of the complex role of police in our society, an appreciation of the challenges of policing, and an ability to differentiate fact from fiction relating to law enforcement.

Book Punishment and Social Control

Download or read book Punishment and Social Control written by Stanley Cohen and published by Routledge. This book was released on 2017-07-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: While crime, law, and punishment are subjects that have everyday meanings not very far from their academic representations, "social control" is one of those terms that appear in the sociological discourse without any corresponding everyday usage. This concept has a rather mixed lineage. "After September 11" has become a slogan that conveys all things to all people but carries some very specific implications on interrogation and civil liberties for the future of punishment and social control.The editors hold that the already pliable boundaries between ordinary and political crime will become more unstable; national and global considerations will come closer together; domestic crime control policies will be more influenced by interests of national security; measures to prevent and control international terrorism will cast their reach wider (to financial structures and ideological support); the movements of immigrants, refugees, and asylum seekers will be curtailed and criminalized; taken-for-granted human rights and civil liberties will be restricted. In the midst of these dramatic social changes, hardly anyone will notice the academic field of "punishment and social control" being drawn closer to political matters.Criminology is neither a "pure" academic discipline nor a profession that offers an applied body of knowledge to solve the crime problem. Its historical lineage has left an insistent tension between the drive to understand and the drive to be relevant. While the scope and orientation of this new second edition remain the same, in recognition of the continued growth and diversity of interest in punishment and social control, new chapters have been added and several original chapters have been updated and revised.

Book Encyclopedia of Criminology

Download or read book Encyclopedia of Criminology written by J. Mitchell Miller and published by Routledge. This book was released on 2013-12-17 with total page 1969 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume work offers a comprehensive review of the pivotal concepts, measures, theories, and practices that comprise criminology and criminal justice. No longer just a subtopic of sociology, criminology has become an independent academic field of study that incorporates scholarship from numerous disciplines including psychology, political science, behavioral science, law, economics, public health, family studies, social work, and many others. The three-volume Encyclopedia of Criminology presents the latest research as well as the traditional topics which reflect the field's multidisciplinary nature in a single, authoritative reference work. More than 525 alphabetically arranged entries by the leading authorities in the discipline comprise this definitive, international resource. The pivotal concepts, measures, theories, and practices of the field are addressed with an emphasis on comparative criminology and criminal justice. While the primary focus of the work is on American criminology and contemporary criminal justice in the United States, extensive global coverage of other nations' justice systems is included, and the increasing international nature of crime is explored thoroughly. Providing the most up-to-date scholarship in addition to the traditional theories on criminology, the Encyclopedia of Criminology is the essential one-stop reference for students and scholars alike to explore the broad expanse of this multidisciplinary field.

Book Encyclopedia of Criminal Justice Ethics

Download or read book Encyclopedia of Criminal Justice Ethics written by Bruce A. Arrigo and published by SAGE Publications. This book was released on 2014-07-17 with total page 1202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal, state, county, and municipal police forces all have their own codes of conduct, yet the ethics of being a police officer remain perplexing and are often difficult to apply in dynamic situations. The police misconduct statistics are staggering and indicate that excessive use of force comprises almost a quarter of misconduct cases, with sexual harassment, fraud/theft, and false arrest being the next most prevalent factors. The ethical issues and dilemmas in criminal justice also reach deep into the legal professions, the structure and administration of justice in society, and the personal characteristics of those in the criminal justice professions. The Encyclopedia of Criminal Justice Ethics includes A to Z entries by experts in the field that explore the scope of ethical decision making and behaviors within the spheres of criminal justice systems, including policing, corrections, courts, forensic science, and policy analysis and research. This two-volume set is available in both print and electronic formats. Features: Entries are authored and signed by experts in the field and conclude with references and further readings, as well as cross references to related entries that guide readers to the next steps in their research journeys. A Reader's Guide groups related entries by broad topic areas and themes, making it easy for readers to quickly identify related entries. A Chronology highlights the development of the field and places material into historical context; a Glossary defines key terms from the fields of law and ethics; and a Resource Guide provides lists of classic books, academic journals, websites and associations focused on criminal justice ethics. Reports and statistics from such sources as the FBI, the United Nations, and the International Criminal Court are included in an appendix. In the electronic version, the Reader's Guide, index, and cross references combine to provide effective search-and-browse capabilities. The Encyclopedia of Criminal Justice Ethics provides a general, non-technical yet comprehensive resource for students who wish to understand the complexities of criminal justice ethics.

Book Silence in Intercultural Communication

Download or read book Silence in Intercultural Communication written by Ikuko Nakane and published by John Benjamins Publishing. This book was released on 2007 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: How and why is silence used interculturally? Approaching the phenomenon of silence from multiple perspectives, this book shows how silence is used, perceived and at times misinterpreted in intercultural communication. Using a model of key aspects of silence in communication – linguistic, cognitive and sociopsychological – and fundamental levels of social organization – individual, situational and sociocultural - the book explores the intricate relationship between perceptions and performance of silence in interaction involving Japanese and Australian participants. Through a combination of macro- and micro- ethnographic analyses of university seminar interactions, the stereotypes of the 'silent East' is reconsidered, and the tension between local and sociocultural perspectives of intercultural communication is addressed. The book has relevance to researchers and students in intercultural pragmatics, discourse analysis and applied linguistics.

Book Criminal Procedure

    Book Details:
  • Author : Ronald J. Allen
  • Publisher : Aspen Publishing
  • Release : 2020-02-13
  • ISBN : 1543817548
  • Pages : 1794 pages

Download or read book Criminal Procedure written by Ronald J. Allen and published by Aspen Publishing. This book was released on 2020-02-13 with total page 1794 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedure: Adjudication and Right to Counsel, Third Edition is designed for the criminal procedure course focused on the pretrial, trial, and post-trial processes. It covers prosecutorial decision making, pretrial release, grand juries, speedy trial rights, venue, joinder and severance, discovery, guilty pleas and plea bargains, trials, sentencing, appeals, and postconviction challenges. The book is designed to be used with the annual supplement that contains the statutes and rules covered in the course. This split is derived from the successful casebook Comprehensive Criminal Procedure by the same experienced author team. New to the Third Edition: The latest in case law, statutory material, and academic commentary about due process, the right to counsel, pretrial practice, guilty pleas, trial rights, sentencing, double jeopardy, and post-trial procedures An increased emphasis on the role of prosecutorial decision-making An updated treatment of the critical role of plea bargaining A new section on forfeitures and the Eighth Amendment Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with an outstanding author team Sound grounding of the law in criminal process and the right to counsel Thematic organization of the cases and text that make the book both manageable and accessible The latest and most highly respected developments in legal scholarship that help both professors and students alike stay up-to-date in the field of criminal procedure law