Ep. 7/25/2021- BGE presents: Joe Wallenstein


Author Joseph B. Wallenstein Puts a Face on the Case:

The Human Story

Behind the Historic “U.S. vs. Miranda" Supreme Court Ruling
"Mirandize" is now a common verb, it will soon be an uncommon book. "Flynn and Miranda: Your
Right to Remain Silent," an historical novel written by Joseph B. Wallenstein debuts on Amazon and
other outlets on March 13. Published by TrineDay Publishing, the book is a fictional account of a true
story. The release date coincides with the 58th anniversary of Ernesto Miranda's arrest in 1963 for
kidnapping and rape. The criminal case, Miranda v. Arizona (1966), would make his name a household
This case arose following the arrest of Ernest Miranda, who was accused of kidnapping and raping a
young woman near Phoenix. The victim identified Miranda in a lineup, and law enforcement questioned
him. No one told him he could refuse to answer questions or seek assistance from a lawyer. Under police
questioning, Miranda confessed to the crime of which he had been accused.
In his instruction to the jury at trial, the judge said he had allowed Miranda's confession as evidence
despite the objections of the defendant's court-appointed attorney, who claimed that his client had been
forced to admit guilt. The judge emphasized that the jury was free to decide whether Miranda’s confession
had been voluntary or coerced. Significantly, the judge 's final words of instruction raised the
constitutional issue that eventually brought Miranda's case to the U.S. Supreme Court.

Constitutional issues inevitably arise when government efforts to prevent crime clash with the need to
protect those accused of the crime. Convicted of kidnapping and rape and sentenced to twenty to thirty
years, Miranda petitioned the U.S. Supreme Court from his prison cell. Although an earlier court had
upheld the conviction, the U.S. Supreme Court accepted his case in 1966 because it realized unresolved
issues existed about the constitutional rights of an accused person that the Court wanted to clarify and
settle. Resulting from the legal community’s confusion over a previous decision, there was disagreement
among law enforcement officers and trial judges across the country on how to apply the decision.
In this historical saga, "Flynn" is John Flynn, the constitutional attorney who was enlisted to take up
Ernesto Miranda's conviction for kidnapping and rape in Phoenix. A highly regarded defense l