Written in 2005; 2,718 words; 8 sources; MLA; $ 81.95
Paper Summary:
The so-called "Miranda Decision" was very controversial, due to the probe conducted by the Supreme Court into police practices that had previously been concealed from the public and free from the scrutiny of the courts. This paper looks at how conservative critics argued that this decision went too far in creating new rules for the police, due in part to the fact that the Fifth and Sixth Amendments do not specifically refer to advising suspects of their rights. In contrast, civil libertarians responded by saying that the Supreme Court acted properly in regard to what is required in order to give practical meaning to specific provisions of the Bill of Rights. This paper discusses how the "Miranda Decision" contains numerous pros and cons in relation to its legality and interpretation, due to some viewing it as protecting the criminal at the expense of the victims; while others see it as not going far enough to protect the victims instead of the criminal.
Paper Outline:
Section 1: Introduction
Overview of the Miranda Decision
Section 2: The Pros and Cons of the Miranda Rights
Custody
Mandated Warnings
Interrogation Rights
Exceptions and Limitations
Conclusion
From the Paper:
"The "Miranda Decision" clearly accomplished its goal by creating a Fifth Amendment right to counsel that is distinct from but closely related to the Sixth Amendment right to counsel. Both of these "rights" have continued to evolve through the normal process of judicial interpretation, although dissent is always present. Apart from the "Miranda Decision," the more traditional law of the Fifth Amendment's protection against compulsory self-incrimination continues to evolve also. As pointed out by Susan D. Gold, "the Fifth Amendment privilege is so fundamental to our system of constitutional rule and the expedient of giving an adequate warning as to the availability of the privilege so simple, we must never fail to make the defendant aware of his rights, for if we do, the entire system may collapse under its own weight" (1995, 276)."
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