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“Miranda: More Than Words” Named 2016 Law Day Theme PUBLISHED BY MARCH 2016 • ISSUE 5 LEditor: Ron Keefover AW W ISE Coordinators: Hon. G. Joseph Pierron Jr. • Anne Woods & Ryan Purcell, KBA staff Greetings from the Kansas Bar Association (KBA). Welcome to this edition of Law Wise and the fifth edition of the 2015-2016 school year. IN THIS ISSUE “Miranda: More than Words” “Miranda: More than Words” Named 2016 Law Named 2016 Law Day theme Day theme .................................................. 1 n 2016, the nation marks the 50th anniversary of perhaps the nation’s best-known U.S. Supreme Court case, Miranda v. Arizona, 384 U.S. 436 Kansas Bench and Bar Leaders I(1966). The Miranda Warning has become engrained in law enforcement Urge Reflection on Law Day ....................... 3 and has permeated popular consciousness through countless recitations in Who was Ernesto Arturo Miranda? ................. 4 films and television shows. Yet Miranda is only part of the story when it comes to the procedures for ensuring justice. This edition of Law Wise ex- Lesson Plan 1: Miranda Rights for Juveniles: plores the Miranda decision, its holding, the life and death of Ernesto Mi- Yarborough v. Alvarado ............................... 5 randa, and some of the innumerable procedural protections and exceptions that resulted. Lesson Plan 2: Miranda v. Arizona The Administrative Office of the U.S. Courts explains the Supreme 654 U.S. 437 (1966) ................................... 6 Court’s decision in the Miranda and its three related cases as follows: Terrific Technology for Teachers ...................... 7 The Supreme Court’s decision in Miranda v. Arizona, addressed four dif- ferent cases involving custodial interrogations. In each of these cases, the March Buzz .................................................... 7 defendant was questioned by police officers, detectives, or a prosecuting 2016 Mock Trial Tournament Update .............. 7 attorney in a room in which he was cut off from the outside world. In none of these cases was the defendant given a full and effective warning Dear Readers: NEW Law Wise Group ............. 8 of his rights at the outset of the interrogation process. In all the cases, the questioning elicited oral admissions and, in three of them, signed state- ments that were admitted at trial. CALENDAR OF EVENTS • Miranda v. Arizona: Miranda was arrested at his home and taken in custody to a police station where he was identified by the complaining March 25-26 State High School Mock witness. He was then interrogated by two police officers for two hours, Trial Competition which resulted in a signed, written confession. At trial, the oral and writ- May 1 Law Day ten confessions were presented to the jury. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights were not violated in obtaining the confession. • Vignera v. New York: Vignera was picked up by New York police in connection with the robbery of a dress shop that had occurred three days prior. He was first taken to the 17th Detective Squad headquarters. He was then taken to the 66th Detective Squad, where he orally admitted the robbery and was placed under formal arrest. He was then taken to the 70th Precinct for detention, where he was questioned by an assistant district attorney in the presence of a hearing reporter who transcribed the questions and answers. At trial, the oral confession and the transcript were presented to the jury. Vignera was found guilty of first degree robbery and sentenced to 30-60 years imprisonment. The conviction was affirmed without opinion by the Appellate Division and the Court of Appeals. www.ksbar.org/lawwise 2 LAW WISE | MARCH 2016 (Continued from Page 1) • Westover v. United States: Westover was arrested by local police in Kansas City as a suspect in two Kansas City robberies and taken to a local police station. A re- port was also received from the FBI that Westover was wanted on a felony charge in California. Westover was interrogated the night of the arrest and the next morning by local police. Then, FBI agents continued the interroga- tion at the station. After two-and-a-half hours of interro- gation by the FBI, Westover signed separate confessions, which had been prepared by one of the agents during the interrogation, to each of the two robberies in California. These statements were introduced at trial. Westover was convicted of the California robberies and sentenced to 15 years’ imprisonment on each count. The conviction was af- firmed by the Court of Appeals for the Ninth Circuit. • California v. Stewart: In the course of investigating a series of purse-snatch robberies in which one of the victims died of injuries inflicted by her assailant, Stewart was identified as the endorser of checks stolen in one of the robberies. Stewart was arrested at his home. Police also arrested Stewart’s wife and three other people who were visiting him. Stewart was placed in a cell, and, over the next five days, was interrogated on nine different occasions. During the ninth interrogation ses- sion, Stewart stated that he had robbed the deceased, but had not meant to hurt her. At that time, police released the four other people arrested with Stewart because there was no evi- dence to connect any of them with the crime. At trial, Stewart’s statements were introduced. Stewart was convicted of robbery and first-degree murder and sentenced to death. The Supreme Court of California reversed, holding that Stewart should have been advised of his right to remain silent and his right to counsel. http://1.usa.gov/1nRYbF5 The issues before the high court were whether “statements obtained from an indi- vidual who is subjected to custodial police interrogation” are admissible against him in a criminal trial and whether “procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to in- criminate himself” are necessary. The Supreme Court reversed the judg- ment of the Supreme Court of Arizona in Miranda, reversed the judgment of the New York Court of Appeals in Vignera, reversed the judgment of the Court of Appeals for the Ninth Circuit in Westover, and affirmed the judgment of the Supreme Court of California in Stewart. The Miranda decision was decided by a 5-4 decision that was filed June 13, 1966. The majority opinion was written by Chief Justice Earl Warren. A dissent was written by Signed copy of Miranda warning by Ernesto Miranda. Justice John Marshall Harlan, with a separate opinion, dissenting in part, written by Justice Tom Clark. n www.ksbar.org/lawwise MARCH 2016 | LAW WISE 3 Kansas Bench and Bar Leaders Urge Reflection on Law Day aw Wise asked three of Kansas’ bench and bar leaders for and the Sixth Amendment which guarantees criminal defen- their comments on Law Day and this year’s Miranda-based dants the right to an attorney. All three of these protections Ltheme. We begin with remarks by Chief Justice Lawton R. melded together create the Miranda warning. Nuss: “It should be noted that 50 years ago the decision to exclude “It is my honor as Chief Justice of the Kansas Supreme Court evidence of the confession of Ernesto Miranda, who confessed to urge citizens across the state to commemorate and celebrate to raping and kidnapping a young woman, was certainly not a Law Day, designated as May 1st by President Eisenhower in popular decision. However, the U.S. Supreme Court Justices 1958, and by Congress three years later. took an oath to uphold the Constitution of the United States. “The American Bar Association Upholding this oath may at times result in decisions that run throughout the years has selected a contrary to popular opinion. Independence from political pres- theme as a focal point for our reflection. sure allows judges to make decisions that protect the rights This year, the ABA has chosen to recog- of all Americans, even when the general public and political nize the 50th anniversary of one of our leaders disagree with the outcome. nation’s best-known U.S. Supreme Court “Even if you are a person who believes that the Miranda cases, Miranda v. Arizona. The Miranda warning no longer serves a valid purpose, I encourage you to Warning—“you have the right to remain celebrate the fact that the Miranda v. Arizona decision repre- silent . “—has become ingrained in sents an historical example of how an independent judiciary Chief Justice law enforcement, and has permeated allows a socially unacceptable or “bad” person to be protected Lawton Nuss popular consciousness through count- by the Constitution to the same degree that a “good” or social- less recitations in films, television shows, ly acceptable person might be protected,” the KBA president and writings. Yet Miranda is only part of the story when it concluded. comes to procedures for ensuring justice. Court of Appeals Judge G. Joseph “The 2016 Law Day theme—Miranda: More than Words— Pierron Jr. said the Miranda decision is designed to explore the procedural protections afforded to gives meaning to our constitutional all of us by the U.S. and Kansas Constitutions, and why the rights, but probably has not resulted in preservation of these principles is essential to our liberty. It is fewer confesions. He said: my hope that we all pause to reflect on how the rule of law, “The Miranda ruling helps to give as safeguarded by our courts, continues to protect our liberties meaning to our constitutional rights and rights under our U.S. and Kansas Constitutions.” under the Fifth (self-incrimination) and Kansas Bar Association President Sixth (right to counsel) Amendments in Natalie Haag echoed the Chief Justice’s Hon.
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