Who wants to ban Miranda rights? Time to revamp it?

Question

- so many criminals ; murders, rapists, phedophiles, get off scott free because of a screw up..
**and please no feedback about the cops will invade your home... paranoid thinking is not good for rebutals

Answer 1

what are Miranda rights?

Answer 2

The rights are guaranteed by the Constitution, so to actually eliminate those rights would require major changes to the 5th and 6th Amendments.

What you're talking about eliminating is the exclusionary rule, which requires confessions or evidence obtained in violation of those rights to be excluded and not used at trial. Because that is a judicially imposed rule, it could be changed by the Supreme Court.

But the purpose of the rule is to ensure that the police obey the rules, by punishing the criminal justice system for violations. The idea is that it provides an incentive to follow the rules, since the police don't want the criminals released on a technicality.

The Miranda ruling was put in effect because without the warning, and the required waivers, police where regularly abusing their authority, and violating constitutional rights. Threats of civil lawsuits or reprimands were insufficient incentive to get them to abide by the rules.

So, unless you have some alternate proposal to ensure that police follow the laws and play by the rules, eliminating the exclusionary rule is only going to lead to more constitutional violations. Which defeats the entire purposes of having rules of law.

Answer 3

If you're so sure about the first statement:
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then back it up with some numbers. And "a lot" doesn't count as a number.

Answer 4

Miranda is important. Everyone is entitled to the same civil rights and to suggest it should be banned would be taking a giant step backward in the support of civil rights. Yeah, it's maddening when criminals go free for technicalities, but that's where the police officers need to be more vigilant.

Answer 5

I think that the Miranda law is fine and doesn't need to be revamped. It actually is built into the Constitution as part of the 5th Amendment and your right not to incriminate yourself.
The police are trained in the proper procedures as are the other law enforcement folks, but they are human and they make mistakes like the rest of us. It just happens that way, but the law is fine as it is, in my opinion.

Answer 6

no