Basically, I'm just looking for opinions and ideas for a paper. If you have any resources, post those too.
I was thinking that the Miranda warnings might have to change because of things like immigration and might have to beef up because of terrorism.
Thanks!
2007-12-18 04:36:28 · 4 answers · asked by Lauren M 2 in News & Events ➔ Current Events
Never heard of it
2007-12-18 04:53:53 · answer #1 · answered by ScorpioDog 2 · 0⤊ 1⤋
Actually, I see NO need to change Miranda in light of those two issues. The thing that needs to be corrected are the laws permitting officers to see identification, and the penalties for carrying false documentation.
Remember that Miranda ONLY applies to those UNDER ARREST or in a custodial situation... if an officer questions a person NOT under arrest, and that person incriminates themselves, THEN the officer will Mirandize them, but the information was freely given and may be used in court.
In the 2000 Dickerson decision, Chief Justice William Rehnquist wrote that Miranda warnings had "become embedded in routine police practice to the point where the warnings have become part of our national culture." Dickerson v. United States 530 U.S. 428 (2000). However, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle or when detained. Arrests can occur without questioning and without the Miranda warning — although if the police do change their mind and decide to interrogate the suspect, the warning must then be given. Furthermore, if public safety (see New York v. Quarles) warrants such action, the police may ask questions prior to a reading of the Miranda warning, and the evidence thus obtained can sometimes still be used against the defendant.
Regarding Terrorism suspects... they would fall under different rules...
2007-12-18 12:57:55 · answer #2 · answered by mariner31 7 · 1⤊ 0⤋
I don't think the Miranda warning will change at all. What has already changed, and will continue to change, is the disclaimer read by a judge when you enter a plea. The disclaimer is different for guilty and not guilty pleas, but I heard the guilty plea disclaimer just today. It says that a guilty plea is an admission of guilt, and if you are an immigrant of legal or illegal status this plea could result in a change of status and possibly deportation.
2007-12-18 12:47:04 · answer #3 · answered by smartsassysabrina 6 · 0⤊ 0⤋
Miranda does not apply to prisoners taken in wartime.
2007-12-19 14:25:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋