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Warren's driving concern was individual rights for individual Americans. After Brown came a number of rulings against racial discrimination in voting, public parks, housing and other areas. The court virtually wrote a new constitutional code of criminal procedure, with the high point coming in Miranda v. Arizona (1966), which accorded a suspect in custody the rights to keep silent and to have an attorney before being interrogated...

Author: /time Magazine | Title: The Law: Earl Warren's Way: Is It Fair? | 7/22/1974 | See Source »

...attack the credibility of a defendant who takes the stand to deny his guilt. It has also upheld a defendant's guilty plea, even though he did not know that the confession he had given was inadmissible at a full trial. Last week the court nibbled at Miranda again...

Author: /time Magazine | Title: The Law: Trimming Miranda | 6/24/1974 | See Source »

Accused Rapist Thomas W. Tucker had been told of his rights to silence and counsel-but not that he could have a court-appointed lawyer if he was unable to pay for one. His interrogation came before the Miranda decision. His trial came afterward, and none of his statements at the time of arrest were introduced. But damaging evidence came from a witness who, Tucker had told his police questioners, was a friend who would corroborate his alibi. Tucker's attorneys argued that the name of the witness had been obtained as the "fruit" of the improper interrogation...

Author: /time Magazine | Title: The Law: Trimming Miranda | 6/24/1974 | See Source »

...free lawyer. The testimony of Tucker's friend, Rehnquist concluded, could properly be used because it served the trial purpose of discovering the pertinent facts. Moreover, banning the testimony was not likely to deter similar police misconduct in the future, since the police misconduct in this case preceded Miranda...

Author: /time Magazine | Title: The Law: Trimming Miranda | 6/24/1974 | See Source »

...dissent, William Douglas protested that a defendant's constitutional rights could not be brushed aside by such a weighing of competing interests. He pointed out that each of the Miranda warnings had been held "fundamental with respect to the Fifth Amendment privilege" against selfincrimination. The present court may not be willing to declare itself openly hostile to Miranda, but it clearly no longer considers the prescribed warnings as rock-hard fundamentals of American justice...

Author: /time Magazine | Title: The Law: Trimming Miranda | 6/24/1974 | See Source »

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