Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.001.0001
- Subject:
- Psychology, Forensic Psychology
In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. ...
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In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. In the 40 years since the inception of the “Miranda rule,” its anticipated effect has not been realized. The purposes of this book are to examine the reasons why the goal of the authors of the Miranda ruling has not been met and to identify procedures that move the criminal justice system closer to this goal. Separate chapters deal with four causes: the limitations and compromises in the original decision, the problems in comprehension of the Miranda warnings by various vulnerable populations (adolescents, non-English speakers, the deaf, and the mentally-challenged), the decisions subsequent to the 1966 decision that have eroded its breadth and application, and the efforts by police to avoid the curtailments from the ruling. The final chapter examines possible remedies such as requiring the presence of an attorney when the rights are given and videotaping the entire interrogation.Less
In 1966 the Supreme Court ruled that law-enforcement officers were required to inform criminal defendants about their rights to remain silent or have an attorney present during their interrogation. In the 40 years since the inception of the “Miranda rule,” its anticipated effect has not been realized. The purposes of this book are to examine the reasons why the goal of the authors of the Miranda ruling has not been met and to identify procedures that move the criminal justice system closer to this goal. Separate chapters deal with four causes: the limitations and compromises in the original decision, the problems in comprehension of the Miranda warnings by various vulnerable populations (adolescents, non-English speakers, the deaf, and the mentally-challenged), the decisions subsequent to the 1966 decision that have eroded its breadth and application, and the efforts by police to avoid the curtailments from the ruling. The final chapter examines possible remedies such as requiring the presence of an attorney when the rights are given and videotaping the entire interrogation.
Elaine Showalter
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198123835
- eISBN:
- 9780191671616
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198123835.001.0001
- Subject:
- Literature, Women's Literature, American, 20th Century Literature
Are American women writers from different eras and different backgrounds connected by common threads in a coherent tradition? How have the relationships between women's rights, women's rites, and ...
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Are American women writers from different eras and different backgrounds connected by common threads in a coherent tradition? How have the relationships between women's rights, women's rites, and women's writing figured in the history of literature by women in the United States? Drawing on a wide range of writers from Margaret Fuller to Alice Walker, the author argues that post-colonial as well as feminist literary theory can help in understanding the hybrid, intertextual, and changing forms of American women's writing, and the way that ‘women's culture’ intersects with other cultural forms. She looks closely at three American classics – Little Women, The Awakening, and The House of Mirth – and traces the transformations in such major themes, images, and genres of American women's writing as the American Miranda, the Female Gothic, and the patchwork quilt. Ending with a moving description of the AIDS Memorial Quilt, she shows how the women's tradition is a literary quilt that offers a new map of a changing America.Less
Are American women writers from different eras and different backgrounds connected by common threads in a coherent tradition? How have the relationships between women's rights, women's rites, and women's writing figured in the history of literature by women in the United States? Drawing on a wide range of writers from Margaret Fuller to Alice Walker, the author argues that post-colonial as well as feminist literary theory can help in understanding the hybrid, intertextual, and changing forms of American women's writing, and the way that ‘women's culture’ intersects with other cultural forms. She looks closely at three American classics – Little Women, The Awakening, and The House of Mirth – and traces the transformations in such major themes, images, and genres of American women's writing as the American Miranda, the Female Gothic, and the patchwork quilt. Ending with a moving description of the AIDS Memorial Quilt, she shows how the women's tradition is a literary quilt that offers a new map of a changing America.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.003
- Subject:
- Psychology, Forensic Psychology
This chapter describes the crime and the subsequent police interrogation and trial, all of which led to the 1966 Supreme Court decision ruling that criminal defendants had the right to counsel or to ...
More
This chapter describes the crime and the subsequent police interrogation and trial, all of which led to the 1966 Supreme Court decision ruling that criminal defendants had the right to counsel or to remain silent when facing a possible interrogation. The disagreements between justices which led to a number of dissenting opinions are analyzed.Less
This chapter describes the crime and the subsequent police interrogation and trial, all of which led to the 1966 Supreme Court decision ruling that criminal defendants had the right to counsel or to remain silent when facing a possible interrogation. The disagreements between justices which led to a number of dissenting opinions are analyzed.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.005
- Subject:
- Psychology, Forensic Psychology
This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical ...
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This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical adolescent suspect. For non-English-speaking persons, the translation to their language may be difficult. For deaf suspect, American Sign Language lacks several relevant terms. The problem is exacerbated by the fact that there is no regulation of the specific warning, so that some jurisdictions have verbose, complicated warnings with complex sentences and word length of 400 or more words.Less
This chapter reviews recent research on the comprehension of the Miranda rights by members of several vulnerable groups. For example, the warnings often exceed the reading level of the typical adolescent suspect. For non-English-speaking persons, the translation to their language may be difficult. For deaf suspect, American Sign Language lacks several relevant terms. The problem is exacerbated by the fact that there is no regulation of the specific warning, so that some jurisdictions have verbose, complicated warnings with complex sentences and word length of 400 or more words.
Rebecca Cole Heinowitz
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780748638680
- eISBN:
- 9780748651702
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748638680.001.0001
- Subject:
- Literature, 19th-century Literature and Romanticism
Robert Southey did not exaggerate when he described the England of his day as ‘South American mad’. As Spain's hold on its colonies progressively weakened during the late eighteenth and early ...
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Robert Southey did not exaggerate when he described the England of his day as ‘South American mad’. As Spain's hold on its colonies progressively weakened during the late eighteenth and early nineteenth centuries, thousands of British scientists, soldiers, entrepreneurs, and settlers rushed to take advantage of the enticing opportunities Spanish America offered. Britain's fascination with the region displayed itself in poems, plays, operas, political tracts, news reportage, travel narratives, and stock market quotations. Creole patriots such as Francisco de Miranda and Andrés Bello gathered in London to solicit aid for their revolutions while ministers debated tactics for liberating both the peoples and the untapped wealth of Spain's colonies. Through critical reconsiderations of both canonical and lesser-known Romantic texts, from Helen Maria Williams' Peru to Samuel Rogers' The Voyage of Columbus and Byron's The Age of Bronze, this book reveals the untold story of Romantic-era Britain's Spanish American obsession. Although historians have traditionally characterized Britain's relationship with Spanish America as commercial rather than colonial, the book explores the significant rhetorical overlap between formal and informal strategies of rule. In the absence of a coherent imperial policy regarding Spain's colonies, Britain struggled to justify its actions by means of the problematic assertion that British primacy was authorized by a political, cultural, ethical and even historical identification with the peoples of Spanish America. By examining the ways in which this discourse of British-Spanish American similitude was deployed and increasingly strained throughout the late eighteenth and early nineteenth centuries, the book demonstrates that British writing about Spanish America redefines the anxieties, ambivalences and contradictions that characterize Romantic Imperialism.Less
Robert Southey did not exaggerate when he described the England of his day as ‘South American mad’. As Spain's hold on its colonies progressively weakened during the late eighteenth and early nineteenth centuries, thousands of British scientists, soldiers, entrepreneurs, and settlers rushed to take advantage of the enticing opportunities Spanish America offered. Britain's fascination with the region displayed itself in poems, plays, operas, political tracts, news reportage, travel narratives, and stock market quotations. Creole patriots such as Francisco de Miranda and Andrés Bello gathered in London to solicit aid for their revolutions while ministers debated tactics for liberating both the peoples and the untapped wealth of Spain's colonies. Through critical reconsiderations of both canonical and lesser-known Romantic texts, from Helen Maria Williams' Peru to Samuel Rogers' The Voyage of Columbus and Byron's The Age of Bronze, this book reveals the untold story of Romantic-era Britain's Spanish American obsession. Although historians have traditionally characterized Britain's relationship with Spanish America as commercial rather than colonial, the book explores the significant rhetorical overlap between formal and informal strategies of rule. In the absence of a coherent imperial policy regarding Spain's colonies, Britain struggled to justify its actions by means of the problematic assertion that British primacy was authorized by a political, cultural, ethical and even historical identification with the peoples of Spanish America. By examining the ways in which this discourse of British-Spanish American similitude was deployed and increasingly strained throughout the late eighteenth and early nineteenth centuries, the book demonstrates that British writing about Spanish America redefines the anxieties, ambivalences and contradictions that characterize Romantic Imperialism.
Sophie Ratcliffe
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199239870
- eISBN:
- 9780191716799
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239870.003.0005
- Subject:
- Literature, Poetry
This chapter examines Beckett's allusions to The Tempest, shedding light on his views on the idea of sympathy. Opposing Nussbaum's perception of Beckett's writing as a ‘critique of emotion’, Chapter ...
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This chapter examines Beckett's allusions to The Tempest, shedding light on his views on the idea of sympathy. Opposing Nussbaum's perception of Beckett's writing as a ‘critique of emotion’, Chapter 4 demonstrates that Beckett critiques the ways in which emotional formulae can be constructed by works of fiction. Tracing echoes of Browning's ‘Caliban Upon Setebos’ in Beckett's How It Is, this chapter goes on to demonstrate that Beckett's allusions to Shakespeare and Browning are a parodic critique of object-centred ideas of reading, thus extending our sense of the ethical aspects of his work.Less
This chapter examines Beckett's allusions to The Tempest, shedding light on his views on the idea of sympathy. Opposing Nussbaum's perception of Beckett's writing as a ‘critique of emotion’, Chapter 4 demonstrates that Beckett critiques the ways in which emotional formulae can be constructed by works of fiction. Tracing echoes of Browning's ‘Caliban Upon Setebos’ in Beckett's How It Is, this chapter goes on to demonstrate that Beckett's allusions to Shakespeare and Browning are a parodic critique of object-centred ideas of reading, thus extending our sense of the ethical aspects of his work.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.004
- Subject:
- Psychology, Forensic Psychology
This is the first of four chapters describing different causes for the less-than-anticipated impact of the Miranda decision. The decision was a compromise, and did not go as far as it could have. For ...
More
This is the first of four chapters describing different causes for the less-than-anticipated impact of the Miranda decision. The decision was a compromise, and did not go as far as it could have. For example, the justices considered, but rejected, a requirement of an attorney’s presence when the warnings were given. The decision limited the application of the warnings to only those interrogations when the defendant was “in custody,” and the Court was vague about the timing requirements.Less
This is the first of four chapters describing different causes for the less-than-anticipated impact of the Miranda decision. The decision was a compromise, and did not go as far as it could have. For example, the justices considered, but rejected, a requirement of an attorney’s presence when the warnings were given. The decision limited the application of the warnings to only those interrogations when the defendant was “in custody,” and the Court was vague about the timing requirements.
Lawrence S. Wrightsman and Mary L. Pitman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199730902
- eISBN:
- 9780199776986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199730902.003.006
- Subject:
- Psychology, Forensic Psychology
The Supreme Court has decided more than 50 appeals relevant to its Miranda ruling since 1966. Though not completely so, the bulk of these decisions has been to restrict the situations and behaviors ...
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The Supreme Court has decided more than 50 appeals relevant to its Miranda ruling since 1966. Though not completely so, the bulk of these decisions has been to restrict the situations and behaviors for which law enforcement officials are required to give the warnings or are require to honor the response of the suspect. This chap6ter describes four cases that restricted rights in several ways, including permitting police to alter the wording of Miranda rights and permitting them to continue questioning when the defendant makes an ambiguous response regarding the desired presence of an attorney.Less
The Supreme Court has decided more than 50 appeals relevant to its Miranda ruling since 1966. Though not completely so, the bulk of these decisions has been to restrict the situations and behaviors for which law enforcement officials are required to give the warnings or are require to honor the response of the suspect. This chap6ter describes four cases that restricted rights in several ways, including permitting police to alter the wording of Miranda rights and permitting them to continue questioning when the defendant makes an ambiguous response regarding the desired presence of an attorney.
Omri Ben-Shahar and Carl E. Schneider
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691161709
- eISBN:
- 9781400850389
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691161709.003.0002
- Subject:
- Political Science, Public Policy
This chapter shows that the problem caused by mandated disclosure is both intensive and extensive. It is intensive because decisions are so unfamiliar and extremely complex that considerable learning ...
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This chapter shows that the problem caused by mandated disclosure is both intensive and extensive. It is intensive because decisions are so unfamiliar and extremely complex that considerable learning is needed to understand them. The problem is extensive because these decisions arise in incontinent fashion. To prove that the decisions that mandates commonly address are highly unfamiliar and complex, the chapter considers two kinds of decisions: negotiating with lenders when buying a home and choosing a medical treatment for prostate cancer. It then demonstrates how common unfamiliar and complex decisions are and how extensively disclosures are mandated by citing examples in areas such as financial disclosures, which are supposed to make consumer finance transparent; health-related disclosures and their emphasis on informed consent; insurance; privacy and data collection; and the Miranda warning.Less
This chapter shows that the problem caused by mandated disclosure is both intensive and extensive. It is intensive because decisions are so unfamiliar and extremely complex that considerable learning is needed to understand them. The problem is extensive because these decisions arise in incontinent fashion. To prove that the decisions that mandates commonly address are highly unfamiliar and complex, the chapter considers two kinds of decisions: negotiating with lenders when buying a home and choosing a medical treatment for prostate cancer. It then demonstrates how common unfamiliar and complex decisions are and how extensively disclosures are mandated by citing examples in areas such as financial disclosures, which are supposed to make consumer finance transparent; health-related disclosures and their emphasis on informed consent; insurance; privacy and data collection; and the Miranda warning.
Elaine Showalter
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198123835
- eISBN:
- 9780191671616
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198123835.003.0002
- Subject:
- Literature, Women's Literature, American, 20th Century Literature
The ‘real ancestor’ of the American Dark Lady was Margaret Fuller. In her major feminist treatise Woman in the Nineteenth Century, she wrote about her own experience as the Dark Lady under a literary ...
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The ‘real ancestor’ of the American Dark Lady was Margaret Fuller. In her major feminist treatise Woman in the Nineteenth Century, she wrote about her own experience as the Dark Lady under a literary persona borrowed from another Shakespearean character. She proudly painted herself as Miranda. Fuller's Miranda is an American feminist intellectual, ‘a woman, who, if any in the world could, might speak without heat and bitterness of the position of her sex’. The reasons why Fuller called herself ‘Miranda’, and the relevance of The Tempest in understanding the cultural tradition of American women writers are discussed. American women writers from Fuller to Harriet Beecher Stowe, Louisa May Alcott, Katherine Anne Porter, Sylvia Plath, and Gloria Naylor have revised the figure of Miranda in thinking about their relationship to patriarchal power, language, female sexuality, and creativity. The revision of Miranda and The Tempest could be seen as a strategy of legitimation which looks to Shakespeare's sister in order to validate the work of Margaret Fuller and other non-canonical American women writers.Less
The ‘real ancestor’ of the American Dark Lady was Margaret Fuller. In her major feminist treatise Woman in the Nineteenth Century, she wrote about her own experience as the Dark Lady under a literary persona borrowed from another Shakespearean character. She proudly painted herself as Miranda. Fuller's Miranda is an American feminist intellectual, ‘a woman, who, if any in the world could, might speak without heat and bitterness of the position of her sex’. The reasons why Fuller called herself ‘Miranda’, and the relevance of The Tempest in understanding the cultural tradition of American women writers are discussed. American women writers from Fuller to Harriet Beecher Stowe, Louisa May Alcott, Katherine Anne Porter, Sylvia Plath, and Gloria Naylor have revised the figure of Miranda in thinking about their relationship to patriarchal power, language, female sexuality, and creativity. The revision of Miranda and The Tempest could be seen as a strategy of legitimation which looks to Shakespeare's sister in order to validate the work of Margaret Fuller and other non-canonical American women writers.
Stephanie Vander Wel
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780252043086
- eISBN:
- 9780252051944
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252043086.003.0009
- Subject:
- Music, History, American
The conclusion considers the ways in which female country artists of the 1960s and 1970s and more contemporary artists have drawn on the performative and singing practices of women in early country ...
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The conclusion considers the ways in which female country artists of the 1960s and 1970s and more contemporary artists have drawn on the performative and singing practices of women in early country music. Specifically, it examines Loretta Lynn’s inclusion of the musical tropes and vocal expressions of honky-tonk and how Dolly Parton has combined past theatrical conventions with contrasting vocal approaches in her fluid play of gender. The Dixie Chicks, Gretchen Wilson, and Miranda Lambert have also carried the recurrent themes of the past to the dynamic present in their performances of the singing cowgirl, the redneck woman, and the crazy ex-girlfriend. The conclusion argues that the stylized displays of rusticity, working-class womanhood, confrontational narratives, and vocalities redolent of past traditions have all had a lasting influence on recent female artists.Less
The conclusion considers the ways in which female country artists of the 1960s and 1970s and more contemporary artists have drawn on the performative and singing practices of women in early country music. Specifically, it examines Loretta Lynn’s inclusion of the musical tropes and vocal expressions of honky-tonk and how Dolly Parton has combined past theatrical conventions with contrasting vocal approaches in her fluid play of gender. The Dixie Chicks, Gretchen Wilson, and Miranda Lambert have also carried the recurrent themes of the past to the dynamic present in their performances of the singing cowgirl, the redneck woman, and the crazy ex-girlfriend. The conclusion argues that the stylized displays of rusticity, working-class womanhood, confrontational narratives, and vocalities redolent of past traditions have all had a lasting influence on recent female artists.
Amy E. Lerman
- Published in print:
- 2008
- Published Online:
- October 2011
- ISBN:
- 9780195329414
- eISBN:
- 9780199851720
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329414.003.0003
- Subject:
- Political Science, American Politics
In determining what protections to accord those accused of criminal activity, the Supreme Court has tried to balance the Constitution's protection of individual liberties and the state's need to ...
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In determining what protections to accord those accused of criminal activity, the Supreme Court has tried to balance the Constitution's protection of individual liberties and the state's need to ensure public safety. This chapter examines changing public attitudes toward these competing priorities over the last half century in light of three major Supreme Court decisions (Gideon v. Wainwright, Miranda v. Arizona, and Mapp v. Ohio). Through these decisions, the Supreme Court bolstered the due process rights of the accused, even as the public by and large preferred to strengthen prosecutorial power. The analyses presented in this chapter suggest some important points about the power of the Court and its role in shaping the attitudes of the mass public.Less
In determining what protections to accord those accused of criminal activity, the Supreme Court has tried to balance the Constitution's protection of individual liberties and the state's need to ensure public safety. This chapter examines changing public attitudes toward these competing priorities over the last half century in light of three major Supreme Court decisions (Gideon v. Wainwright, Miranda v. Arizona, and Mapp v. Ohio). Through these decisions, the Supreme Court bolstered the due process rights of the accused, even as the public by and large preferred to strengthen prosecutorial power. The analyses presented in this chapter suggest some important points about the power of the Court and its role in shaping the attitudes of the mass public.
Lisa A. Tucker (ed.)
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9781501752216
- eISBN:
- 9781501752230
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501752216.001.0001
- Subject:
- History, Cultural History
Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the ...
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Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. This book offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.Less
Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. This book offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.
Bethany K. Dumas
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780226647654
- eISBN:
- 9780226647821
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226647821.003.0011
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
U.S. criminal cases involving non-native English speakers are inherently complex, often requiring assessment of whether the accused has understood Miranda rights. Deciding whether a speaker has ...
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U.S. criminal cases involving non-native English speakers are inherently complex, often requiring assessment of whether the accused has understood Miranda rights. Deciding whether a speaker has understood the Miranda warnings in English or in another language, necessarily involves detailed linguistic analysis. Adequate assessments of proficiency must take into account all available linguistic and contextual evidence. This chapter describes approaches used by linguists in three cases in Tennessee involving non-native English speakers as defendants. The 2003 case involved the English competence of a native speaker of Spanish accused and eventually convicted of murder; the 2012 case involved the English competence of a native speaker of German (with competence in Spanish, Polish, and Ukrainian) who was accused of attempted first-degree murder of his wife; the 2015 case involved the English competence of a Spanish-speaking woman from Mexico convicted of possession of a controlled substance (containing heroin) with intent to sell or deliver. Analysis by both prosecution and defense experts is discussed. Observations are made about how discourse analysis can aid in assessing proficiency in particular cases. The chapter concludes with recommendations for the giving of Miranda warnings to non-native English speakers and for assessing the adequacy of strategies used to deliver them.Less
U.S. criminal cases involving non-native English speakers are inherently complex, often requiring assessment of whether the accused has understood Miranda rights. Deciding whether a speaker has understood the Miranda warnings in English or in another language, necessarily involves detailed linguistic analysis. Adequate assessments of proficiency must take into account all available linguistic and contextual evidence. This chapter describes approaches used by linguists in three cases in Tennessee involving non-native English speakers as defendants. The 2003 case involved the English competence of a native speaker of Spanish accused and eventually convicted of murder; the 2012 case involved the English competence of a native speaker of German (with competence in Spanish, Polish, and Ukrainian) who was accused of attempted first-degree murder of his wife; the 2015 case involved the English competence of a Spanish-speaking woman from Mexico convicted of possession of a controlled substance (containing heroin) with intent to sell or deliver. Analysis by both prosecution and defense experts is discussed. Observations are made about how discourse analysis can aid in assessing proficiency in particular cases. The chapter concludes with recommendations for the giving of Miranda warnings to non-native English speakers and for assessing the adequacy of strategies used to deliver them.
Amos N. Guiora
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195340310
- eISBN:
- 9780199867226
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195340310.003.0002
- Subject:
- Law, Human Rights and Immigration, Constitutional and Administrative Law
An individual accused of involvement in terrorism must be brought to some form of trial, but the American criminal law process is inapplicable to the current conflict. To guarantee the suspect ...
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An individual accused of involvement in terrorism must be brought to some form of trial, but the American criminal law process is inapplicable to the current conflict. To guarantee the suspect certain rights and privileges, the hybrid paradigm would provide the following: 1) lawful coercive interrogation of a suspect ranted Miranda protections; 2) remand hearings before a court designed to prevent indefinite detention; 3) the right to counsel of the suspect's own choosing; 4) admissibility of the intelligence information into trial; 5) bench trials before specially trained judges; 6) conviction based in part (but not more than 50%) on intelligence information; 7) sentencing guidelines; and 8) and right to appeal to an independent judiciary. The hybrid paradigm also calls for the Foreign Intelligence Surveillance Act (FISA) Court to become a domestic terror court premised on a Congressional amendment to Article III of the Constitution.Less
An individual accused of involvement in terrorism must be brought to some form of trial, but the American criminal law process is inapplicable to the current conflict. To guarantee the suspect certain rights and privileges, the hybrid paradigm would provide the following: 1) lawful coercive interrogation of a suspect ranted Miranda protections; 2) remand hearings before a court designed to prevent indefinite detention; 3) the right to counsel of the suspect's own choosing; 4) admissibility of the intelligence information into trial; 5) bench trials before specially trained judges; 6) conviction based in part (but not more than 50%) on intelligence information; 7) sentencing guidelines; and 8) and right to appeal to an independent judiciary. The hybrid paradigm also calls for the Foreign Intelligence Surveillance Act (FISA) Court to become a domestic terror court premised on a Congressional amendment to Article III of the Constitution.
Matthieu Queloz
- Published in print:
- 2021
- Published Online:
- April 2021
- ISBN:
- 9780198868705
- eISBN:
- 9780191905179
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198868705.001.0001
- Subject:
- Philosophy, Metaphysics/Epistemology
Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? In The Practical Origins of Ideas, Matthieu Queloz ...
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Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? In The Practical Origins of Ideas, Matthieu Queloz presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts across the analytic–continental divide, running from the state-of-nature stories of David Hume and the early genealogies of Friedrich Nietzsche to recent work in analytic philosophy by Edward Craig, Bernard Williams, and Miranda Fricker. However, these genealogies combine fictionalizing and historicizing in ways that even philosophers sympathetic to the use of state-of-nature fictions or real history have found puzzling. To make sense of why both fictionalizing and historicizing are called for, the book offers a systematic account of pragmatic genealogies as dynamic models serving to reverse-engineer the points of ideas in relation not only to near-universal human needs, but also to socio-historically situated needs. This allows the method to offer us explanation without reduction and to help us understand what led our ideas to shed the traces of their practical origins. Far from being normatively inert, moreover, pragmatic genealogy can affect the space of reasons, guiding attempts to improve our conceptual repertoire by helping us determine whether and when our ideas are worth having.Less
Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? In The Practical Origins of Ideas, Matthieu Queloz presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts across the analytic–continental divide, running from the state-of-nature stories of David Hume and the early genealogies of Friedrich Nietzsche to recent work in analytic philosophy by Edward Craig, Bernard Williams, and Miranda Fricker. However, these genealogies combine fictionalizing and historicizing in ways that even philosophers sympathetic to the use of state-of-nature fictions or real history have found puzzling. To make sense of why both fictionalizing and historicizing are called for, the book offers a systematic account of pragmatic genealogies as dynamic models serving to reverse-engineer the points of ideas in relation not only to near-universal human needs, but also to socio-historically situated needs. This allows the method to offer us explanation without reduction and to help us understand what led our ideas to shed the traces of their practical origins. Far from being normatively inert, moreover, pragmatic genealogy can affect the space of reasons, guiding attempts to improve our conceptual repertoire by helping us determine whether and when our ideas are worth having.
Janet Ainsworth
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199673667
- eISBN:
- 9780191751769
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199673667.003.0201
- Subject:
- Law, Comparative Law, Philosophy of Law
In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal ...
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In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal law doctrine most recognized by the American general public. In fact, given the worldwide marketing of American movies and television dramas, the Miranda warning, beginning, ‘You have the right to remain silent’, may well be the single most widely known principle of criminal law in the world. Yet, despite its deep roots in American legal history and its entrenched status in current popular culture, the right to silence as articulated in Miranda has been subject to a barrage of judicial limitations, qualifications, and exceptions in recent years, to the point where it currently can scarcely be said to provide any meaningful constraint on police interrogation at all. This chapter begins by tracing the origins of the Miranda rule. It then discusses remaining silent as an exercise of the right to remain silent; Berghuis v. Thompkins and its consequences for the right to remain silent; speaking to claim the right to remain silent; and whether Miranda warnings are still relevant.Less
In contemporary jurisprudence, the right to remain silent has been valorized as foundational to human dignity and to human expressive freedom. The right to remain silent is also likely the criminal law doctrine most recognized by the American general public. In fact, given the worldwide marketing of American movies and television dramas, the Miranda warning, beginning, ‘You have the right to remain silent’, may well be the single most widely known principle of criminal law in the world. Yet, despite its deep roots in American legal history and its entrenched status in current popular culture, the right to silence as articulated in Miranda has been subject to a barrage of judicial limitations, qualifications, and exceptions in recent years, to the point where it currently can scarcely be said to provide any meaningful constraint on police interrogation at all. This chapter begins by tracing the origins of the Miranda rule. It then discusses remaining silent as an exercise of the right to remain silent; Berghuis v. Thompkins and its consequences for the right to remain silent; speaking to claim the right to remain silent; and whether Miranda warnings are still relevant.
James J. Tomkovicz
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195369243
- eISBN:
- 9780199893409
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195369243.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The Supreme Court's interpretations of constitutional guarantees have produced seven “exclusionary rules” which prevent prosecutors from introducing evidence of guilt in criminal trials. By requiring ...
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The Supreme Court's interpretations of constitutional guarantees have produced seven “exclusionary rules” which prevent prosecutors from introducing evidence of guilt in criminal trials. By requiring the suppression of probative evidence, these rules increase the difficulty of convicting offenders and can enable some criminals to avoid conviction and punishment. They are of enormous practical and theoretical importance and are graphic reflections of the unavoidable tensions between liberty and security. This book contains in-depth analyses of these exclusion doctrines. The text begins with an extensive treatment of the Fourth Amendment rule which bars evidence produced by unreasonable searches or seizures. It then addresses three distinct doctrines that exclude confessions—the due process and privilege against compelled self-incrimination bar to coerced confessions, Miranda's presumption that certain confessions are inadmissible, and the Massiah doctrine's Sixth Amendment right to counsel bar to incriminating statements. The book next explains two prohibitions on eyewitness identification evidence—one rooted in the Sixth Amendment right to counsel and another grounded in the due process guarantee. Finally, it explores the exclusion of hearsay required by the Sixth Amendment Confrontation Clause. The book presents the histories of the exclusionary rules, analyzes their justifications and their legitimacy, and explains their doctrinal and operational nuances. By juxtaposing the rules and highlighting their distinctive characters and attributes, the text exposes the risks of treating all suppression doctrines as if they were identical. Moreover, it illuminates the costs and benefits of the protections afforded by the Bill of Rights and of the constraints it imposes upon American criminal justice systems.Less
The Supreme Court's interpretations of constitutional guarantees have produced seven “exclusionary rules” which prevent prosecutors from introducing evidence of guilt in criminal trials. By requiring the suppression of probative evidence, these rules increase the difficulty of convicting offenders and can enable some criminals to avoid conviction and punishment. They are of enormous practical and theoretical importance and are graphic reflections of the unavoidable tensions between liberty and security. This book contains in-depth analyses of these exclusion doctrines. The text begins with an extensive treatment of the Fourth Amendment rule which bars evidence produced by unreasonable searches or seizures. It then addresses three distinct doctrines that exclude confessions—the due process and privilege against compelled self-incrimination bar to coerced confessions, Miranda's presumption that certain confessions are inadmissible, and the Massiah doctrine's Sixth Amendment right to counsel bar to incriminating statements. The book next explains two prohibitions on eyewitness identification evidence—one rooted in the Sixth Amendment right to counsel and another grounded in the due process guarantee. Finally, it explores the exclusion of hearsay required by the Sixth Amendment Confrontation Clause. The book presents the histories of the exclusionary rules, analyzes their justifications and their legitimacy, and explains their doctrinal and operational nuances. By juxtaposing the rules and highlighting their distinctive characters and attributes, the text exposes the risks of treating all suppression doctrines as if they were identical. Moreover, it illuminates the costs and benefits of the protections afforded by the Bill of Rights and of the constraints it imposes upon American criminal justice systems.
William Douglas Woody and Krista D. Forrest
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781479860371
- eISBN:
- 9781479828128
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479860371.003.0003
- Subject:
- Sociology, Law, Crime and Deviance
This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and ...
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This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and suspects’ decisions to confess. The authors present interviews and explore ways that interviews contrast with interrogations. Police interviews typically include attempts at behavioral deception detection; therefore, this chapter examines the wide and deep research literature and recommends caution for police, particularly regarding the ways that biases interfere with deception detection. The chapter then introduces Miranda warnings, including their content and limitations, before concluding with a review of the widely used method of interrogation promoted by John E. Reid & Associates, Inc.Less
This chapter opens with a review of the false confession and mistaken conviction of Matt Livers, which powerfully depicts many of the ways the totality of the circumstances shapes interrogation and suspects’ decisions to confess. The authors present interviews and explore ways that interviews contrast with interrogations. Police interviews typically include attempts at behavioral deception detection; therefore, this chapter examines the wide and deep research literature and recommends caution for police, particularly regarding the ways that biases interfere with deception detection. The chapter then introduces Miranda warnings, including their content and limitations, before concluding with a review of the widely used method of interrogation promoted by John E. Reid & Associates, Inc.
William Douglas Woody and Krista D. Forrest
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781479860371
- eISBN:
- 9781479828128
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479860371.003.0004
- Subject:
- Sociology, Law, Crime and Deviance
This chapter dives into the myriad deceptive tactics used by police interrogators. The authors open with the false confessions of the Tucson Four, who faced extensive deception. The authors then turn ...
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This chapter dives into the myriad deceptive tactics used by police interrogators. The authors open with the false confessions of the Tucson Four, who faced extensive deception. The authors then turn to a philosophical discussion of deception, followed by examination of the ways that lies by police officers affect suspects, the public, and officers themselves. Next, the chapter reviews forms of police deception, including deception about Miranda, deceptive interrogation tactics, and elaborate role-playing activities as well as courts’ responses to deception during interrogation. This chapter also explores the experimental literature on interrogation and confession with particular attention to research about deceptive interrogation tactics. The chapter concludes with a review of the ways that deception shapes the totality of the circumstances.Less
This chapter dives into the myriad deceptive tactics used by police interrogators. The authors open with the false confessions of the Tucson Four, who faced extensive deception. The authors then turn to a philosophical discussion of deception, followed by examination of the ways that lies by police officers affect suspects, the public, and officers themselves. Next, the chapter reviews forms of police deception, including deception about Miranda, deceptive interrogation tactics, and elaborate role-playing activities as well as courts’ responses to deception during interrogation. This chapter also explores the experimental literature on interrogation and confession with particular attention to research about deceptive interrogation tactics. The chapter concludes with a review of the ways that deception shapes the totality of the circumstances.
