promoting the unwanted, redheaded stepchild that is individual liberty

Meet Miranda: ‘You Have the Right to …’

In liberty and rights on May 10, 2010 at 12:20 am

 

There has been much to do lately about so-called “Miranda rights.” Specifically,  when they should be read and who should be read them. 

The truth is, there are no such thing as Miranda rights. There is the Miranda warning as established by the Supreme Court in Miranda v. Arizona.  

Miranda, once read, does not magically entitle a suspect with rights as in “the right to remain silent” and the “right to an attorney.” Rather, it simply recognizes privileges already established in the U.S. Constitution — specifically the Fifth and Sixth Amendments which guarantee suspects “the Assistance of Counsel” and from being “Compelled in any criminal case to be a witness against himself.” 

Actually, the purpose of the Miranda ruling wasn’t to protect suspects at all: it was to protect evidence obtained by law enforcement so that it may be admissible in court. Chief Justice Warren, delivering the opinion of the Court, said: 

“More specifically, we deal with the admissibility of statements obtained from an individual who is subjected to custodial police interrogation and the necessity for procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself.” 

Miranda also provides a “public safety” exception where officers may question a suspect without first obtaining a waiver if they believe a person to have “information that could help save a life, prevent serious injury, or neutralize a substantial threat to property.” This exception was recently employed by officers interrogating New York car bomber, Faisal Shahzad.  

But Miranda doesn’t apply only to U.S. citizens. All arrested persons, before being interrogated, are read the Miranda warning. The Supreme Court ruled that “persons suspected or accused of a crime” should be read the safeguard. Likewise, the Constitution refers to “any person” and “the accused.” In some states, suspects who are not citizens are read additional warnings such as “If you are not a United States citizen, you may contact your country’s consulate prior to any questioning.”  

Chief Justice Warren explained the Court’s conclusion: 

“Today, then, there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.  

We have concluded that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would not otherwise do so freely.” 

So when we’re talking about reading terror suspects their “rights,” it’s important to remember that these aren’t actually rights, but warnings to protect officers and, most importantly, evidence obtained. Miranda is merely a safeguard put in place to ensure the rule of law and promote justice.
About these ads

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

%d bloggers like this: