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Constitution is 'bedrock of our society,' Ohio Supreme Court justice says
Lawyers safeguard Constitution
YOUNGSTOWN
The Constitution protects all Americans, and lawyers play a decisive role in making its principles endure, an Ohio Supreme Court justice told Law Day luncheon guests.
“The Constitution is the bedrock of our society. Lawyers ensure that that rock is never chipped away,” Justice William M. O’Neill told an audience of lawyers, judges and students Friday at Mount Carmel Hall.
Fifty years ago, in its landmark Miranda v. Arizona decision, the U.S. Supreme Court ruled police must warn people in their custody of their rights to remain silent and to consult with a lawyer before interrogating them.
The June 1966 ruling pertained to Ernesto Miranda, who had been charged with rape and kidnapping, and who signed a confession typed by police who’d interrogated him for two hours.
The top court set aside Miranda’s first conviction, but he was retried and convicted with his confession excluded from evidence. “Miranda was a bad man, but the legal system took his bad acts and gave all of us a good outcome,” Justice O’Neill said.
“The Constitution of the United States of America says: ‘You do not have to incriminate yourself,’” the justice said.
In another case concerning confessions, the Ohio Supreme Court this week declared unconstitutional a state law saying any electronically recorded confession is presumed voluntary and shifting the burden of proving its involuntariness to the defendant in juvenile cases.
The state’s top court ruled that judges will decide what voluntary means and who has the burden of proof.
“Just because technology has come a long way doesn’t mean that the Ohio Constitution is going to bend to keep up with technology,” he said.
“Any time you can get a justice from the Ohio Supreme Court to come into the Valley, we’re honored and excited,” said George Millich, president of the Mahoning County Bar Association, which sponsors the annual luncheon.
Millich said he hoped Justice O’Neill’s presence would help inspire young people to take an interest in law as a profession.
Before joining the Ohio Supreme Court on Jan. 2, 2013, Justice O’Neill was a judge of the Warren-based 11th District Court of Appeals from 1997-2007.
At the luncheon, the bar association also honored its high-school essay contest winners: Karli Shives, Struthers, first place; Madison Vanover. Lowellville, second; Clayton Kohut, Austintown Fitch, third; Rachel Woodruff, Jackson-Milton, fourth; and Allison Janak, Boardman, and Lauren Zetts, Lowellville, tied for fifth place.
Some 250 students visited the Mahoning County Courthouse this week; and bar association members spoke at four local schools in recognition of Law Week, whose purpose is to introduce young people to the legal profession.