The Miranda rights are the rights a police offer is required to say to someone when the officer arrests that person. It is the warning that officers of the law give suspects so they know about their rights before they are interrogated. It was a law made after the conclusions of the Miranda vs. Arizona case. The case was very close as it was a 5-4 decision.
The court ruled that any type of evidence, whether it is incriminating or proof of innocence, can be used as evidence in a case; however it can only be used if the police let the suspect know that they have the right to an attorney before and during questioning and also that the suspect can be silent to avoid self-incrimination before an interrogation. It is now a staple when police arrests are made. In this paper, I will explain why I believe that the Miranda Rights are not necessary anymore.
The Miranda Rights should no longer be required. One the reasons for the establishment of the Miranda rights are because before Miranda vs. Arizona the police would constantly use violence to extract confessions and facts from potential criminals. The Miranda Rights put a stop to the constant torture to achieve admissions of guilt. Today however modern technology serves the purpose of limiting torture or violence in investigations. These interrogations are recorded now, so there so is no need for Miranda Rights.
Now instead of using something indirect such as Miranda Rights to prevent violence during questioning, the police now use something direct to prevent it. Saying a bunch of rights to someone will not guarantee that force will not be present in an interrogation. A recording will not prevent excessive force, but it will certainly do a better job than reading someone’s rights. One other reason why I believe that Miranda Rights are not necessary is that the rights are already implied during arrest, because it is part of culture.
People today have watched so many episodes of Law & Order, Crime Scene Investigations, and many other similar shows regarding the law. When a law enforcer arrests a suspect in the show, he or she always says that the suspect is under arrest for a specific crime, that the suspect has the right to remain silent as anything they say or do will be used against them in a court of law, and that they have the right to an attorney even if they can’t afford one. When I first learned about Miranda Rights in my law class, I already knew what the exact phrase was.
I didn’t even have to look in the book for them, because I am so accustomed to hearing them when I watch Law & Order. This instills these rights into people minds so they presume their rights if they get arrested, so there’s really no need for them. One final reason for the abolishment of Miranda Rights is that it allows investigators to take advantage of human emotions. In such circumstances like when a terror suspect has been captured, I believe these rights should vanish. The law should be changed so that more questioning happens when a terror suspect is in captivity.
Treating a terror suspect like any American citizen is giving the terror suspect the possibility to be silent and uncooperative. In these situations, there is no time for the person to be tried in a court. I think this should be applied to all extreme criminal cases such as heinous crimes. I think the abolishment of the Miranda Rights would allow the police or investigators the benefit of an emotional reaction to the realization that the suspect must or has to talk. This human reaction will often lead to admissions of guilt immediately.
Our legal system has become so caring to suspect’s needs rather than to the society’s, and become blinded to the fact that elimination of these rights would take advantage of the human emotion. Instead the legal system tells suspects to be silent so they don’t have to explain themselves. These are the reasons why the Miranda Rights are not necessary anymore. “You have the right to remain silent. Anything you say or do will be used against you in the court of law. You have the right to an attorney. If you cannot afford one, one will be provided for you”.
These are the rights spoken by police officers during arrests to remind a suspect of his or her rights. These rights include a right to remain silent and a right to an attorney. These rights are no longer necessary though. Modern technology removes the purpose of the rights. One of these rights main purposes was to prevent excessive force in interrogations. Modern technology now can monitor this as all interrogations are recorded. The Miranda Rights have been made famous by television shows like Law & Order. People know them by heart.
If this is true, why would police need to reiterate them? People know their rights. People know that if they are guilty they have the right to not talk and won’t talk. Finally the most important reason is that it takes out human emotion in interrogations. Instead of being forced to talk, suspects now can be silent. The dread of having to talk to investigators leaves a fear in one’s heart assuming the suspect is guilty. This dread will lead to an almost immediate confession. The Miranda Rights do more harm then good.