Blog posting #4 Miranda v. Arizona (1966)

In my American government class we are examining significant Supreme Court cases throughout the history of the Court.  I always try to select something that will create debate but I did not want anything that was racially charged, that is why I stayed away from Brown v. Board of Education and Plessy v. Ferguson. Since my seniors have just a few weeks left and most have already “checked out”, I thought that Miranda v. Arizona would get them interested. Also, I have a standard line when the classes get a bit loud; I always tell them that they “have a right to remain silent”.  The lesson plan that I selected can be found at:

http://billofrightsinstitute.org/resources/educator-resources/lessons-plans/landmark-cases-and-the-constitution/miranda-v-arizona-1966/

The lesson will take place over two days.  On day one, I will start the lesson by ascertaining my students’ prior knowledge of the case through a brief (5 minutes) question and answer session.  Next the students will reexamine the Fifth Amendment to the Constitution and read the briefs submitted to the Court from the attorneys for both sides in order to understand why the Supreme Court agreed to hear the case.  After they have finished reading, time permitting, we will watch 2 short videos (4-5 minutes each) about the case.  This should put us at the end of day 1.

On day two the class will read the Supreme Courts decision, including Chief Justice Warren’s majority opinion and Justice Harlan’s dissenting opinion.  Next, the students will answer three questions, 1. Why did the Supreme Court overturn Miranda’s conviction?  2. What are the effects of this ruling for accused persons? For society?   

3. Do you agree with Justice Harlan’s dissenting opinion? Why or why not? 

The students will then share their opinions and the debate will ensue.