The Fragility of Memory

OA1190 - “You have the right to remain silent.” Anyone who grew up on American crime dramas can recite the rest of these famous warnings from memory, but do you know the whole story of Miranda v. Arizona (1966)? In today’s entry in our “Still Good Law” series Matt and Jenessa voluntarily waive their rights, cautiously accept a cigarette and a Styrofoam cup of bad coffee from an alcoholic cop with a dark past, and spill everything they know about the most important criminal case in Supreme Court history. Matt provides the background on Ernesto Miranda’s literal life (and death) of crime and the circumstances of his arrest, interrogation, and appeal to the Warren Court while Jenessa breaks down the science of false confessions and why not just having but knowing our Fifth and Sixth Amendment rights is so important for all of us.

1. Oral arguments and decision in Miranda v. Arizona (1966)

2. Miranda: The Story of America’s Right to Remain Silent, Gary Stuart (2008)

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