How do you feel about Miranda rights?

Question

I'm doing research for a project in my Counter-Terrorism class.

Answer 1

the Miranda rights ( Miranda warning )are rights that US citizens and those within the country have... it does not extend to terrorists outside of our country.... and it should not extend to them... these are rights/warning that were decided in our courts, and given to people upon arrest.these rights are very useful in protecting people in the judicial system as well as in assisting the police and prosecution in court..

Answer 2

Miranda (Miranda vs. Arizona) was the single most important case involving police misconduct. It set the stage for a era of attempting to end police corruption and intimidation of suspects (suspects = not guilty). It also set up a series of rules which the police have to follow or lose their case. All cops know the rules - it is ingrained from the time they enter the academy. Some cops try to bend or break the rules. These are the ones who are usually whining about people getting off on technicalities. The constitution is NOT a technicality. Is is the supreme law of the land. Any civil servant, cop, President, Congressman, etc who doesn't 't understand this, embrace it, and enforce it, should quit, resign, get fired, lose their pension and otherwise has no business on the public dole.

Yes - Miranda has worked. It is not perfect, but it is a start.

Answer 3

Most people take Miranda rights for granted... just something they hear on TV or God forbid, something the cop tells them while shoving them in the back of his cruiser. However, those rights are very important. In the days before Miranda (pre 1966) you had no right to an attorney. The state did ot have to pay for one. Cops routinely abused people they arrested (especially minorities) without fear of any reprisal. The fourth amndment demands that you not be searched or seized without just cause and the fifth gives you the right against self incrimination... you would have no certain garuntee of those rights without Miranda. It is simple but very important and Americans are only a few world citizens who have those rights. Without them the cops could do practically anything they wanted and you could do nothing about it...just like in other countries.

Answer 4

I for one, feel that the Miranda decision was a much needed one for the system to be one of the better justice systems anywhere. It is simple, plainly put and gives the accused the right to state their case or obtain legal consultation prior to making any statements to authorities. This helped make our system the true adversary system it is today, of course with the help of other factors governing our system as well. Prior to Miranda, an individual was picked up and was encouraged to forcibly coerced into giving statements that were used against them, whether their statements were true or not. Many confessed to crimes they had no involvement in because police sometimes, not all the time, used methods of coercion to extract statements. This gives the accused a better defense method. It gives them time to obtain legal assistance and devise a defense before any questioning by police. It helps make the prosecution have to prove their case. I am sure you may have not needed the case stated below, but I added it anyway.

Answer 5

Miranda rights don't actually seem to make any difference. If you're silent, you must be hiding something, so you're guilty. If you need a lawyer, it must be because you're guilty. That's how most people see it, I think, and that's probably how the courts treat it.

Also, once I was charged with a couple of minor offenses as a juvenile, and they flat-out told me that I was entitled to an attorney, but if I opted for this, they would make sure I got more punishment. Of course I'm sure they would deny this, and how would I be able to prove it?

The only thing that matters if you are arrested is: how much money do you have? If you're broke, you're screwed. Miranda rights are unenforcable and meaningless.

Answer 6

The Miranda decision is still one of the least understood issues in criminal justice. The majority of the populace has very little understanding of when they are supposed to be read their Miranda warning and what it means.

I laugh inside every time my department arrests someone who, upon being booked for their crime, jump up and yell "Ha! You didn't read me my rights! You gotta let me go! I'm suing!"

A person can be arrested, booked and deposited in jail without ever being read their Miranda warning. Miranda only applies when a suspect has been taken into custody and is being questioned regarding a crime.

Answer 7

These rights are important because they protect you and sort of serve as a reminder to officers to tread more lightly when making an arrest.
We (officers) tend to use them more than we need to in order to protect our cases. As a result we sometimes lose some statements that might otherwise have been made but it is drilled into us to use the miranda warning so that in instances when we dont need to we use it and scare the witness/person into not saying anything at that time and maybe allowing the real crook to go free.
In short they are important and should be extended to everyone in this country.

Answer 8

I don't know if you are refering to the need of law enforcement to inform those who are being arrested of thier miranda rights, or of the rights themselves. IMHO, they are both essential. Society must be protected, but society actually includes the criminals themselves. They also have a right to remain silent and not provide any information without legal counsel. I understand that 99% of the people reading this answer are not criminals or terrorists, and I certainly am not, but if they were ever charged with a crime I guarantee they would want a lawyer present before saying anything to the cops. So its a matter of fair treatment. I don't think people like the idea of being charged with a crime, being forced to implicate themselves, and provide statements to police without legal counsel present. That to me is troubling. Law enforcement is in a position of power over citizens, the there must be some balance, and I feel miranda rights are a way to do that. In addition, people must be informed of thier rights and the fact that anything they say or do can and will be used against them in a court of law. How else would they be able to understand that they have the right to fair treatment and thier actions in police custody are subject to scrutiny? Sure we can look at others and say, "Oh well that guy didn't need his rights read to him, he was caught red handed." Well if one was caught under the same circumstances, we would be glad to have those rights at our disposal.

Answer 9

Just to correct some mistatements by onegoddess regarding miranda rights...the miranda decision did not grant any additional rights...you were already had the protections of the 5th amendment regarding self incrimination,you were already entitled to counsel,etc....the ONLY thing Miranda changed is that you(the arrestee) had to be advised by the authorities that you had these rights before interrogation.

Answer 10

What does the Miranda rights have to do with Counter-Terrorism.

Personnally I think it should be an implied thing that people have that cop's don't necessarily have to say perfectly to criminals! (really hate it when a coke dealer gets of cause the cop f**ked up saying his rights!)

Answer 11

They are a basic right afforded to us as citizens. Because not all of us are lawyers, they were formed to keep people from saying things that might possible incriminate them during questioning. Even a person that isn't guilty can say things during confusing, doublespeak, questioning, that may be used to implicate them in the crime in question. A skilled interrogator can fluster the average person enough to get them to semi-admit to just about anything before they realize what they are saying.
Miranda rights are a necessary part of our legal system.