DeKalb Bar Celebrates Law Day 2016 at May Luncheon
Essay and poster contest participants: Sydni Williams, Jada Bartolozzi, Hattie Carter, Briana Ross, Adam Hydrick, Emily Jenkins, altar Dalimba, Maekaylia Jackson, Wyatt DeWoskin
Miranda: More Than Words
Law Day 2016
In 1961 Congress issued a joint resolution designating May 1 as Law Day. This was subsequently codified in the United Stated Code. Law Day is celebrated across the country during the month of May and is a day on which we take time to examine and celebrate our commitment to the rule of law. It is the opportunity for legal professionals to take an active role in advancing public understanding about law.
Law Day underscores how law and the legal process contribute to the freedoms that all Americans share.
In 2016, the nation marks the 50th anniversary of Miranda v. Arizona. Few U.S. Supreme Court cases are better known. The iconic warning developed as a result of the decision has appeared in countless movies and television shows. When you say Miranda, most members of the public have some idea what you are talking about. But how deep does that knowledge go? And, perhaps more to the point, how much can it be broadened?
The 2016 Law Day theme—Miranda: More than Words—presents a unique public educational opportunity to use something highly familiar to delve into points that are often missed. Yes, most people know they have the right to remain silent, but what does protection against self-incrimination really mean? Yes, they have the right to counsel, but who is entitled to an attorney and why?
Procedural protections are at the heart of the right to due process. Miranda embodies the basic proposition that we need to be aware of rights in order to be in a position to exercise them. Fifty years after the Miranda decision, there remains a lot of work to be done to ensure that all Americans are aware of their rights and meaningfully have the opportunity to exercise them. The 2016 Law Day theme allows us to examine the issues and challenges that remain to be overcome for our nation to live up to its pledge of justice for all. It also provides us an opportunity to explore constructive ways to advocate for change.
Law Day programs are conducted by bar groups, courts, schools, youth groups, and community organizations, just to name a few. Each year the DeKalb Bar Association dedicates the May luncheon to recognizing all the Law Day activities of the DeKalb Bar Association.
Liberty Bell Award
This year The DeKalb Bar Association awarded their Executive Director, Cindy Harris, with the Liberty Bell Award. This award is given to a community member who encourages other community members to respect the laws and legal system, and to learn more about and take a more active role in our American justice.
Essays on Miranda
Many essays were submitted. Here is one of the essays, by Adam Hydrick:
50th Anniversary of Miranda v. Arizona
This year marks the 50th anniversary of one of our country’s most famous Supreme Court decisions, Miranda v. Arizona. In studying the importance of this decision, we need to understand what rights we are guaranteed by the US Constitution, how the courts protect our rights, and why it is important to ensure our rights are preserved.
In the Miranda case, Ernesto Miranda, a 22-year-old male, was accused of raping an 18-year-old female and was interrogated by police until he confessed after two hours. At trial, his confession was presented to the jury and he was convicted and sentenced to 20-30 years in prison on each count. Miranda’s attorney appealed the conviction to the Supreme Court of Arizona, arguing that Miranda was never made aware of his rights guaranteed to him in the 5th and 6th amendments to the Constitution: the right to remain silent and the right to be represented by an attorney. The Arizona Supreme Court held that the police did not violate Miranda’s rights while obtaining his confession. His attorney then appealed to the U.S. Supreme Court, where they ruled that the defendant must be made aware of his rights guaranteed to him in the 5th and 6th amendments before being questioned while in police custody.
The court system helps protect these rights by excluding any evidence that is obtained in violation of the rights. If a suspect confesses to a crime without having been made aware of his rights and voluntarily waiving those rights, the court has a duty to keep that confession from being presented to the jury. And, if a Defendant is charged with a crime and cannot afford an attorney, the court has a duty to make sure that an attorney is provided by the State to represent him.
Since the Miranda v. Arizona decision, other cases have expanded these rights. For example, in Greenwald v. Wisconsin, the US Supreme Court held that a confession also has to be voluntary based on the totality of the circumstances. (Greenwald confessed to a crime, but only after he was denied food, sleep and medicine and without having been advised of his rights).
Some cases have also limited how Miranda is applied. For example, in Salinas v. Texas, the US Supreme Court held that the 5th amendment privilege against self-incrimination does not apply to a defendant who simply stops talking during questioning – rather, he has to affirmatively invoke his right to remain silent or his right to have an attorney.
In the case of Maryland v. Shatzer, Shatzer was interviewed in 2003 about allegations of sexual abuse a child. He invoked his right to counsel and to remain silent. The interview stopped and the case was closed. Three years later, the case was re-opened and Shatzer was re-interviewed. This time, he confessed. At trial, Shatzer’s attorney argued that since he had invoked his Miranda rights back in 2003, his 2006 statement should be excluded from the trial. The court held that a break in custody lasting more than two weeks between the first and second interrogation does not require that the statement be excluded.
There is much more to Miranda than the words of the warning; it has become a universal symbol of the importance of fairness and equal justice under the law. Law Day gives us a chance to reflect on the importance of our constitutional rights, to promote public awareness and understanding of those rights, and to commit ourselves to the work that remains to be done in ensuring that we have a criminal justice system that is fair for all Americans.