On March 13, 1963, Ernesto Miranda was arrested. The arrest was primarily based on circumstantial evidence linking him to the kidnapping and rape of a 17-year-old woman 10 days earlier.
After a prolonged interrogation he confessed. The conviction was reversed by the United States Supreme Court in Miranda v. Arizona. The “confession” was ruled inadmissible. A little known fact is he was retried and convicted again.
Every Lawyer, Police Officer, Law & Order fan, convict, and criminal alive knows the “Miranda warning”, no one knows the victim’s name.
Many probably think it was Congressional Legislation that created the “Miranda” Warning. It even became a verb in the form of “Mirandized”
“Did you Mirandize him?”
The name of a (twice) convicted rapist of a 17 year old girl became a cloak of protection, or a manner of invoking the protection.
“Hey man, I know my Miranda rights”
Ernesto Miranda himself died of stab wounds after an alcohol fueled bar fight a few years after his release from prison. On his body the police found “Miranda Warning” cards that Miranda would autograph for money.
Perhaps naming it for the perpetrators is the right thing to do, it reminds the government of their failure to exercise due care in the protection of their citizens rights.
Perhaps, by perpetuating the names of criminals, we as a people will demand better from our Police Officers, Prosecutors, and Judges.
It serves as a reminder of our failures, not a tribute to the defendant.
My original thought was to complain about the naming of decisions for perpetrators rather than the victims.
Then I realized that naming it for the perpetrators was correct, we need to be reminded of the names of evil and the benefit of living in a country that values justice for all.
And why would we want criminals to invoke the name of a Victim to insulate themselves.
My daughter aspires to a job wherein the fundamental tenet is everyone, regardless of the depravity of their act, is entitled to all the protections of justice.
Proud doesn’t even come close.
It is truly a wonderful commentary on a society that can raise individuals who can devote their lives to protecting all.
Those that can separate the person from the principle.
Justice from Justifiability
The ends from justifying the means.
So that is why I know decisions like Miranda v. Arizona and Escobedo v. Illinois are not an indication of a weakness in our system of justice.
It is not a fault that perpetrators names live on while the victims are long forgotten, but rather a reminder of the greatness of our system.
Leave the victims in peace and let the bad guys invoke other bad guys for protection.
If it ever stops, well, then we are truly in decline.