Word: miranda
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...Supreme Court may have handed down a hint of its own attitude in last month's Miranda v. Arizona decision, which affirmed the rights to silence and to counsel as soon as a person is "deprived of his freedom of action in any way." On the other hand, defenders of stop-and-frisk laws see the court leaning their "reasonable" way because it declared in 1963 (Ker v. California): "The states are not precluded from developing workable rules to meet the practical demands of effective criminal investigation and law enforcement in the states, provided that those rules...
...earlier decisions, and last week, just before adjourning for the summer, it finally got itself off the hook. Neither the vague right to remain silent that had been recognized by Escobedo v. Illinois nor the stricter guidelines for police and prosecutors that had been laid down in Miranda v. Arizona, announced Chief Justice Earl Warren, would be applied retroactively...
Ever since Escobedo, many a confessed and convicted criminal had seen the possibility of retroactivity as a hope of getting his case back into court. And now, with Miranda to remind police that just about any question a suspect answers without a lawyer's advice is improper unless he waives his rights, that hope seemed bright indeed. Writing for a 7 to 2 majority, Warren relocked the prison doors. To reopen past cases, he said, "would seriously disrupt the administration of our criminal laws. It would require the retrial and release of numerous prisoners found guilty by trustworthy evidence...
...Justice Earl Warren gave fair warning that the decision he was about to hand down for an angrily divided Su preme Court was sure to echo through law-enforcement agencies across the land. For the court was reversing the' convictions of four confessed crimi nals: Kidnaper-Rapist Ernesto Miranda, Mugger Roy Stewart, Stickup Man Mi chael Vignera and Bank Robber Carl Westover. It was a decision that seemed to invite controversy, but Warren in sisted that the court was not offering any innovations. It was merely reaffirming any criminal defendant's basic constitutional right to the assistance...
...Justice, has ancient and honorable origins. And where it has been enforced, it has not hampered justice. Indeed, the very cases that were before the court, said Warren, testified to the general "overstatement of the need for confessions." Standard police investigations had turned up damning evidence against each defendant. "Miranda, Vignera and Westover were identified by eyewitnesses. Marked bills . from the bank robbed were found in Westover's car. Articles stolen from the victim as well as from several other robbery victims were found in Stewart's home...