Miranda v. Arizona is widely regarded as one of the most controversial Supreme Court decisions in U.S. history. Shortly after the case was decided, Gallop Polls indicated that 63% of the public felt the Supreme Court was too soft on criminals. But despite its controversy, Miranda has become so widely accepted in popular culture that most people cannot imagine a criminal justice system without it. This wide spread acceptance, however, is more of a recent phenomenon in the landmark case’s history.
This article discusses Miranda’s tumultuous past; its harsh criticism from the legal community, academics, and the public at large. This article discusses how Miranda was contorted and reshaped by the Supreme Court over the past fifty years, turning it into something that is distinct from its original version. It describes the eventual embrace of Miranda by not only the public, but by law enforcement and prosecutors as well. Miranda provides guidelines that have shaped criminal procedure in a way that can be beneficial to all parties, thus effectively securing its place in criminal procedure for years to come.
Eugene R. Milhizer,
Miranda’s Near Death Experience: Reflections on the Occasion of Miranda’s Fiftieth Anniversary,
Cath. U. L. Rev.
Available at: https://scholarship.law.edu/lawreview/vol66/iss3/8