Nancy Kemp Ware, Instructor
Gainesville High School
a. Describe the Warren Court and the expansion of
individual rights as seen in the Miranda decision.
b. Describe the political impact of the assassination
of President John F. Kennedy; include the impact on
civil rights legislation.
c. Explain Lyndon Johnson’s Great Society; include
the establishment of Medicare.
d. Describe the social and political turmoil of 1968;
include the assassinations of Martin Luther King, Jr.
and Robert F. Kennedy, and the events surrounding
the Democratic National Convention.
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The Warren Court refers to the Supreme Court of the United States
between _______and _______, when _____________served as Chief
Justice.
Warren led a liberal majority that used ____________ power in dramatic
fashion, to the consternation (fear & panic) of conservative opponents.
The Warren Court expanded ________ rights, civil ___________, judicial
_______, and the federal power in dramatic ways.
The court was both applauded and criticized for bringing an end to
r__________ s__________________in the US, incorporating the Bill of
Rights (i.e. applying it to states), and ending officially sanctioned
voluntary ______________ in public schools.
The period is recognized as a high point in judicial power that has
_______________ever since, but with a substantial continuing impact.
Prominent members of the Court during the Warren era besides the
Chief Justice included Justices _____________________,
_______________________, ___________________
,____________________, and _________________________.
1.
2.
3.
4.
5.
6.
The Warren Court refers to the Supreme Court of the United States
between 1953 and 1969, when Earl Warren served as Chief Justice.
Warren led a liberal majority that used judicial power in dramatic
fashion, to the consternation (fear & panic) of conservative opponents.
The Warren Court expanded civil rights, civil liberties, judicial power,
and the federal power in dramatic ways.
The court was both applauded and criticized for bringing an end to
racial segregation in the United States, incorporating the Bill of Rights
(i.e. applying it to states), and ending officially sanctioned voluntary
prayer in public schools.
The period is recognized as a high point in judicial power that has
receded ever since, but with a substantial continuing impact.
Prominent members of the Court during the Warren era besides the
Chief Justice included Justices William J. Brennan, Jr., William O.
Douglas, Hugo Black, Felix Frankfurter, and John Marshall Harlan II.
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Ernesto Miranda was a poor Mexican immigrant living in Phoenix, Arizona in 1963. A Phoenix
woman was kidnapped and raped. She identified Miranda in a police lineup. Miranda was
arrested, charged with the crimes, and questioned by the police for two hours. The police officers
questioning him did not inform him of his Fifth Amendment right against self-incrimination or of
his Sixth Amendment right to the assistance of an attorney. The Fifth Amendment states that no
person "shall be compelled in any criminal case to be a witness against himself. . . ." The Sixth
Amendment states that, "In all criminal prosecutions, the accused shall enjoy the right . . . to have
the assistance of counsel for his defense."
As a result of the questioning, Miranda confessed in writing to the crimes. His statement also said
that he was aware of his right against self-incrimination. During his trial, the prosecution used his
confession to obtain a conviction, and he was sentenced to 20 to 30 years in prison on each count.
Miranda appealed his case to the Arizona Supreme Court. His attorney argued that his confession
should have been excluded from trial because he had not been informed of his rights, nor had an
attorney been present during his interrogation. The police officers involved admitted that they had
not given Miranda any explanation of his rights. The state argued, however, that because Miranda
had been convicted of a crime in the past, he must have been aware of his rights. The Arizona
Supreme Court denied Miranda's appeal and upheld his conviction.
The case comes down to this fundamental question: What is the role of the police in protecting the
rights of the accused, as guaranteed by the Fifth and Sixth Amendments to the Constitution? The
Supreme Court of the United States had made previous attempts to deal with these issues. The
Court had already ruled that the Fifth Amendment protected individuals from being forced to
confess. They had also held that persons accused of serious crimes have a fundamental right to an
attorney, even if they cannot afford one. In 1964, after Miranda's arrest, but before the Court heard
his case, the Court ruled that when an accused person is denied the right to consult with his
attorney, his or her Sixth Amendment right to the assistance of a lawyer is violated. But do the
police have an obligation to ensure that the accused person is aware of these rights before they
question that person?
In 1965, the Supreme Court of the United States agreed to hear Miranda's case. At the same time,
the Court agreed to hear three similar cases. The Court combined all the cases into one case. Since
Miranda was listed first among the four cases considered by the Court, the decision came to be
known by that name. The decision in Miranda v. Arizona was handed down in 1966.
QUESTIONS TO CONSIDER
1. What rights of the accused does the Fifth Amendment protect? The Sixth Amendment?
2. If the police had informed Ernesto Miranda of these rights, do you think he might have done anything differently?
3. Individual rights must be balanced against the values of society at large. For instance, the right to free speech must
be balanced against our desire for an orderly society. This is why demonstrations, while protected by the First
Amendment, can have certain restrictions placed on them. In Miranda, what values or goals of society must be
balanced against the right against self-incrimination and the right to counsel?
4. You are probably learning about the rights of the accused in a government or history class. Some would argue that
it is the individual's responsibility to know what his or her rights are under the Constitution, and the government can
assume that accused persons know their rights without informing them after they are arrested. Do you think the
government should have to inform each individual who is arrested of his or her rights? Why or why not?
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http://www.streetlaw.org/en/Page/455/Backgr
ound_Summary__Questions_
The Case:
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Civil Right or liberty violation:
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Court’s Decision:
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How did the Warren Court expand civil rights and civil liberties?
You will be given a civil rights case that in which the Warren Court expanded a civil right or liberty.
Racial segregation: Brown v. Board of Education, Bolling v. Sharpe, Cooper v. Aaron,
Gomillion v. Lightfoot, Griffin v. County School Board, Green v. School Board of New Kent
County, Lucy v. Adams, Loving v. Virginia
Voting, redistricting, and malapportionment: Baker v. Carr, Reynolds v. Sims, Wesberry v.
Sanders
Criminal procedure: Brady v. Maryland, Mapp v. Ohio, Miranda v. Arizona, Escobedo v.
Illinois, Gideon v. Wainwright, Katz v. United States, Terry v. Ohio
Free speech: New York Times Co. v. Sullivan, Brandenburg v. Ohio, Yates v. United States,
Roth v. United States, Jacobellis v. Ohio, Memoirs v. Massachusetts, Tinker v. Des Moines
School District
Establishment Clause: Engel v. Vitale, Abington School District v. Schempp
Free Exercise Clause: Sherbert v. Verner
Right to privacy and reproductive rights: Griswold v. Connecticut
Cruel and unusual punishment: Trop v. Dulles, Robinson v. California
Read the case you have been assigned. Answer the following questions:
What is this case about? Remember to answer who, what, when, where, and why.
What civil liberty or right was being denied?
What did the Warren Court decide?
Create a visual aid (Powerpoint, website, poster) & present to class.
Political Impact
Social Impact
Global Impact
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Go to
http://www.pbs.org/newshour/bb/white_house/kennedy/question
s.html
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1.
Read the excerpts and answer the following questions
What was the general feeling among adults and children after JFK
was shot?
2.
How did Americans feel about their government?
3.
What happened to all the official death records?
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http://www.maryferrell.org/wik
i/index.php/JFK_Assassination
Use this website to complete the
scavenger hunt and the graphic
organizer
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The G________ S__________ was a set
of domestic p__________in the United
States promoted by President Lyndon
B. Johnson and fellow Democrats in
Congress in the 1960s. Two main
goals of the Great Society social
reforms were the elimination of
p__________ and r_______
i___________. New major spending
programs that addressed
e____________, m_________ care,
urban problems, and transportation
were launched during this period.
M__________, governmental health
insurance for the elderly and disabled
was established and still exists today.
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The Great Society was a set of
domestic programs in the United
States promoted by President Lyndon
B. Johnson and fellow Democrats in
Congress in the 1960s. Two main goals
of the Great Society social reforms
were the elimination of poverty and
racial injustice. New major spending
programs that addressed education,
medical care, urban problems, and
transportation were launched during
this period. Medicare, governmental
health insurance for the elderly and
disabled was established and still
exists today.
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1.
MLK, a prominent American leader of the AfricanAmerican civil rights movement and Nobel Peace
Prize laureate, was assassinated at the Lorraine
Motel in Memphis, Tennessee, on April 4, 1968, at
the age of 39. On June 10, 1968, James Earl Ray, a
fugitive from the Missouri State Penitentiary, was
arrested in London at Heathrow Airport,
extradited to the United States, and charged with
the crime.
On March 10, 1969, Ray entered a plea of guilty
and was sentenced to 99 years in the Tennessee
state penitentiary. Ray later made many attempts
to withdraw his guilty plea and be tried by a jury,
but was unsuccessful; he died in prison on April
23, 1998, at the age of 70.
Where and when was MLK assassinated?
2.
Who was arrested and charged with the crime?
3.
Do you believe he acted alone?
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United States Senator and brother of
assassinated President John F. Kennedy took
place shortly after midnight on June 5, 1968, in
Los Angeles, California. After winning the
California and South Dakota primary elections
for the Democratic nomination for President of
the United States, Kennedy was shot as he
walked through the kitchen of the Ambassador
Hotel and died in the Good Samaritan Hospital
twenty-six hours later.
Sirhan Sirhan, a 24-year-old
Palestinian immigrant, was
convicted of Kennedy's
murder and is serving a life
sentence for the crime.
Sirhan's lawyers have
released statements claiming
evidence that he was framed.
1.
Where and when was Bobby Kennedy Shot?
2.
Why was he assassinated?
1.
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Who killed Bobby
Kennedy?
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In August 1968, the Democratic Presidential convention was
held in Chicago, IL. 1968 was a year known for violence,
political turbulence, and civil unrest. After the assassination
of MLK on April 4, riots broke out in more than 100 cities.
More violence and sadness erupted after Democratic
presidential hopeful and pro civil rights advocate Senator
Robert F. Kennedy was murdered on June 5, 1968. Rioting
erupted at the convention center and Chicago Police &
Illinois National Guard were called in to quell the violence.