The Great Dissents

Miranda Warnings

English - October 31, 2022 10:00 - 34 minutes - 47.6 MB - ★★ - 88 ratings
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On this episode of Miranda Warnings, host David Miranda and guest Albany Law Professor Vin Bonventre look at the great dissenting opinions of the last 40 years in New York State's highest court.

The 30 minute podcast covers issue that still resonate today like the freedom to marry, patients rights and a suspect's rights during police interrogation. Bonventre says a dissenting opinion has a greater impact since the judge is making a public statement in opposition to the majority opinion of the court.

"They are extremely revealing. Now. Why? Because the dissenter is announcing to the public. 'My colleagues are wrong I've lost! I'm expending judicial capital. I probably hurting feelings Right? I'm the loser in this case. But I'm hoping that the public, the legislature, maybe the court in the future will correct what my colleagues have done today.'"

Listen to the lively discussion her and check out the full article "The Great Dissents" at nysba.org.