BiblioVault - Books about Self-incrimination

Miranda

The Story of America’s Right to Remain Silent

Gary L. Staurt

University of Arizona Press, 2004

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.

[more]

The Privilege against Self-Incrimination

Its Origins and Development

R. H. Helmholz, Charles M. Gray, John H. Langbein, Eben Moglen, Henry E. Smith,

University of Chicago Press, 1997

Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages.

Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege—the right to remain silent—is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality.

This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.

[more]

True Stories of False Confessions

Rob Warden

Northwestern University Press, 2009

Editors Rob Warden and Steven Drizin—leaders in the field of wrongful convictions—have gathered articles about some of the most critical accounts of false confessions in the U.S. justice system from more than forty authors, including Sydney H. Schanberg, Christine Ellen Young, Alex Kotlowitz, and John Grisham. Many of the pieces originally appeared in leading magazines and newspapers, including the New York Times, The Nation, the New Yorker, and the Los Angeles Times.

By grouping the cases into categories—including brainwashing, fabrication, mental fragility, police force, and unrequited innocence—the editors demonstrate similarities between cases, thereby refuting the perception that false confessions represent individual tragedies rather than a systemic flaw in the justice system. These incidents are not isolated; they are, in fact, related, and more shocking for it. But the authors of the articles excerpted, adapted, and reprinted in this collection want more for their subjects than outrage; they want to fuel change in the practices and standards that illicit false confessions in the first place. To this end, Warden and Drizin include an illuminating introduction to each category and recommendations for policy changes that would reduce false confessions. They also include a postscript for each case, providing legal updates and additional information.

[more]