FREE ESSAY ON THE MIRANDA DEBATE

THE MIRANDA DEBATE

The Miranda Debate
Miranda is one of the best-known cases in the history of the Supreme Court. It represents
the Court's determination to treat even the lowliest of criminals with the same dignity
and respect as the wealthiest celebrity. This case established the Fifth Amendment right
of the accused to be informed of their right to counsel and their right not to answer
questions. 
In The Ethical and Policy Debate Regarding Miranda, Section II questions: "First, can
Miranda's approach to regulating the interrogation process be justified as a reading of
the Fifth Amendment, on either constitutional or policy grounds?.." In summarizing this
question, there are several considerations supporting the recommendation that the Miranda
should be overruled. First, if the Miranda is continued, it violates the constitutional
separation of powers and basic principles of federalism. In its current state, it sets a
code of procedure for interrogations based on fictions and arguments. Secondly, Miranda
impairs the ability of the Government to protect the public by impeding the prosecution
of crime. Using the Miranda reduces the willingness of suspects to respond to police
questioning. In most criminal cases, the defendants' statements are necessary in
prosecution, 
without these statements, criminals can go free. Third, the Miranda is damaging to public
confidence, as well as, resulting in injustices to crime victims. It can result 
in cases where known criminals are released and the victims of these crimes can go
through years of pain and insecurity. The Miranda system has "handcuffed" the judicial
system and not allowed a better way of dealing with criminals to be implemented. In my
opinion, the Miranda would be unnecessary as long as we abide by the Fifth Amendment
rules. 
"...Second, what would replace Miranda if it were overruled?..." It is recommended that
the department of justice develop a set of rules or guidelines that carry out
interrogations and implement these rules with the renewal of a litigation challenge to
Miranda. It is suggested that interrogations be video taped or recorded. The desire for
additional guidelines restricting and prohibiting deceptive practices during
interrogation should be implemented. Abolishing the Miranda would open the way for
comprehensive consideration of pretrial interrogation and related areas of
self-incrimination. 
"...Third, if Miranda is not overruled, can it be improved and, if so, in what ways?..."
In The Report to the Attorney General, in chapter 7, states: "There are several
considerations supporting the recommendation that we should see to have Miranda
overruled." It's quoted that "We have at our disposal a uniquely set of
circumstances-several resent decisions by the Supreme Court holding in effect, that
Miranda is unsound in principle and a statute 18 U.S.C. 3501, that is
specifically designed to overrule it. It is difficult to see how we could fail in making
our case." 
In my opinion, we should go back to following the Fifth Amendment instead of using
Miranda as our guideline. Criminals should have the right to a fair trial, but
law-abiding citizens should have a right to a feeling of security.