The written assignment for this paper is to brief the following case: Miranda v. Arizona.
The following six items should be addressed in this brief:
1) The case name and legal citation
2) Include the procedural background of your case. List
all the courts which have dealt with the case and
describe the decisions those courts came to.
3) Then describe the facts of the case. In other words,
describe the crime. Then explain why the case was
applealed. This should only be about one or two
paragraphs in length. Be sure not to confuse legal
argument with fact.
4) Next discuss the legal issue that the court has
attempted to resolve; if you have access to the
opposing arguments, compare their statements of
the law.
5) Then state what was the decision or holding of the
court? In other words, what action did the court
take? Don’t just say who won or lost; convey the
reasoning of the court. If there is a significant
dissent, especially in a closely decided case,
please include it also.
6) In regards to this case, also apply your own critical
judgement and offer your independent reflections
on this landmark case. Two issues woth considering
are the claim on the one hand that this case
constitutes “judicial activism” because of its
specific requirements of particular language to be
used by arresting officers, versus the assertion that
less specific guidelines from prior case law had
been misinterpreted or ignored by officers. Was
this opinion, as it was presented, necesary in
light of this history? What other alternatives may
have been available. Give a reasoned and objective
analysis.
