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Interesting History of Miranda v. Arizona:
It's available here from the latest issue of American Heritage magazine. Thanks to Adam White for the link.
elChato (mail):
The authors' style reminds me of Gideon's Trumpet by Anthony Lewis- emphasis on the mediocrity of everyone but the big players in the game (that is, high-profile lawyers and Supreme Court justices possessed of Big Ideas), and completely unquestioning acceptance of the wonder of the Supreme Court's decision. This case has a lot less going for it though, and coincidentally or not Miranda had a whole lot worse of a case on the merits (Gideon was acquitted on his retrial and was likely innocent). I wonder if it's supposed to be dispositive of anything when we read that studies "conducted in the 1960s and 1970s" showed that Miranda had "little, if any" effect on effective prosecution.

I was certainly fascinated to learn about Miranda's life story though, and I like how they gave us some background on the victim too. They also did a pretty good job explaining the state of case law leading up to the decision. My inflation calculator tells me the $200 Miranda's lawyer got for his trial and initial appeal is equivalent to about $2000 today- probably what you'd have to pay for someone to defend you on a DUI charge.
9.12.2006 5:33pm
AppSocRes (mail):
I hadn't been aware of the fittingly ironic end to the story. By the way, those critical of the Court should be made aware that as late as the 1940s police in New York, Chicago, and other large American cities were using methods that included water torture, the strapado, electric shock, hot coals, and dental drilling (like in Marathon Man) to elicit confessions. Mayor LaGuardia knew of and ultimately ignored these activities. Police in North Dakota tied one arm of a suspect to a fence post and the other to a chain attached to a truck. They began the dismemberment process before the suspect confessed.(pages 184 et seq. in Daniel P. Mannix, The History of Torture, Dell Publishing, 1964)
9.12.2006 6:45pm
Dave Hardy (mail) (www):
I was told by Bob Corbin, who was then Atty General of Arizona, that Miranda's killer was never tried because they and the witnesses all took the advice and refused to talk.
9.12.2006 6:53pm
Fub:
elChato wrote:M
y inflation calculator tells me the $200 Miranda's lawyer got for his trial and initial appeal is equivalent to about $2000 today- probably what you'd have to pay for someone to defend you on a DUI charge.
where are private lawyers charging $2000 to defend DWIs? I've not heard of a retainer that low for decades.
9.12.2006 9:29pm
elChato (mail):
Fub, we obviously practice in different parts of the country.
9.13.2006 12:06am