Modern Implications of Miranda Principles

Paper Summary:

This paper discusses the background of the Miranda ruling - the 1966 Supreme Courth case, "Miranda v. Arizona." It describes the actual circumstances that gave rise to the ruling and discusses the implications of the ruling on law enforcement standards of Miranda. The paper describes interview procedures and constitutional requirements of Miranda, as well as Miranda principles in the age of global terrorism.

Table of Contents:
Background and History of the Miranda Ruling
Implications and Law Enforcement Standards of Miranda
Interview Procedures and Constitutional Requirements of Miranda
The Beneficial Effect of Miranda on Modern American Law Enforcement
Miranda Principles in the Age of Global Terrorism

From the Paper:

"In principle, the qualified suspension of Miranda along with other constitutional rights may be appropriate for the limited purpose of preventing large-scale future acts of terrorism. Even a torture warrant may ultimately be justified because the alternative is even worse. The fundamental basis of the Fifth and Sixth Amendment is that it is better to let guilty parties escape prosecution than to falsely punish the innocent. When it comes to preventing mass terrorism, the appropriate maxim may be that it is better to sacrifice the rights of a single individual where the lives of millions are at stake."

Sample of Sources Used:

• Dershowitz, A. (2002) Why Terrorism Works. New Haven: Yale University Press.
• Dershowitz, A. (2002) Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
• Hall, K.L. (Ed.) (1992) The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press
• Hendrie, E. (1997) FBI Law Enforcement Bulletin, The Inevitable Discovery Exception to the Exclusionary Rule. Accessed May 20, 2008, at: http://www.fbi.gov/publications/leb/1997/sept697.htm
• Hoover, L. (2005) The Supreme Court Brings an End to the "End Run" Around Miranda; FBI Law Enforcement Bulletin (Jun/05 Vol. 74 No. 6)

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