Terrorism and Miranda Rights Term Paper by scribbler

Terrorism and Miranda Rights
Examines the establishment of the Miranda rights and its modification post 9/11.
# 152997 | 3,705 words | 15 sources | APA | 2013 | US


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Description:

This paper explains how the Miranda rights came to be, implications of this law, the adaptation of law enforcement to its requirements, its harms and benefits and subsequent court cases. Then, came 9/11 and the rise of terrorism and, as the author reports, law enforcement had to change into a counter-terror mode that modified the Miranda rights to meet this new challenge. The paper concludes that the lawfulness of the Patriots Law and the diminishing of the Miranda is now being evaluated in court.

Table of Contents:
Introduction
History of Miranda v. Arizona
The Implications of the Law in Miranda v. Arizona
What Were the Oppositions to Miranda?
The Adaptation by Law Enforcement to the Requirements of Miranda
Miranda's Harm and Benefits
Subsequent Court Cases That Weakened or Strengthened Miranda
Cases That Have Weakened Miranda
Cases That Have Strengthened Miranda
The September 11 Attacks and Policing of Domestic and Non Domestic Terrorists
Miranda and Suspected Terrorists
Challenges By Human Rights Groups
France and Counter-terrorism
Conclusion

From the Paper:

"Specifically, the US Patriot Act when originally enacted, sought to protect the US from foreign attack and resulted in stricter policing practices regarding foreign citizens compared to those of US citizens. The Act places special emphasis on foreign investigative work and on the investigation of aliens engaged in terrorist activities. It was widely known that, because of the 9/11 attacks, that the Act provided for a different standard of policing regarding foreign citizens that for US citizens. Furthermore, the recent extension of the Act furthers this practice of tighter policing on non US citizens. Part of the extension is called the "Lone Wolf" extension and it allows spying under FISA (Foreign Intelligence Surveillance Act), on non-U.S. persons suspected of preparing for terrorist acts without requiring a showing any link to a suspected foreign terrorist group.
"Even though it was adopted for an anti-terrorism approach and not specifically to target the US citizens, the Act has been widely criticized for what is perceived as an infringement on citizens' rights regarding the Fourth Amendment and the expectation of privacy. One argument that persists from liberalists and civil rights activists is that almost any communication can be deemed to have a terrorist motive for the sake of justifying an interception. In comparison with the discussion on Miranda, whereas Miranda broadened citizens' rights regarding police practices, the Patriot Act dramatically reduces US citizens' rights regarding the expectation of privacy."

Sample of Sources Used:

  • Andrews, John. (2000, June 28). Ruling upholds Miranda rights: Deep divisions in the SupremeCourt. World socialist web site. Retrieved from: http://www.wsws.org/articles/2000/jun2000/mir-j28.shtml.
  • Berghuis v. Thompkins, 547 F. 3d 572 (2010).Butler, Andrew S. Funke v. France and the Right Against Self Incrimination: A Critical Analysis. The Criminal Law Forum. (2000) 11(4), 461-505.
  • Deflem, Mathieu. 2002. Law Enforcement 9-11: Questioning the Policing of International Terrorism, Pro Bono, Newsletter of the SSSP Law & Society Division, 9(1),5-9.
  • Dickerson v. United States, 530 U.S. 428 (2000).Gaines, Larry K. and Miller, Roger Leroy. Criminal Justice in Action. California: ThompsonWadsworth, 2009.
  • German, Michael (2010, May 1). Keep Constitution Intact When Interrogating Terrorists. ACLU Blog of Rights. Retrieved from: http://www.aclu.org/blog/national-security/keep- constitution-intact-when-interrogating-terrorists.

Cite this Term Paper:

APA Format

Terrorism and Miranda Rights (2013, May 01) Retrieved November 17, 2019, from https://www.academon.com/term-paper/terrorism-and-miranda-rights-152997/

MLA Format

"Terrorism and Miranda Rights" 01 May 2013. Web. 17 November. 2019. <https://www.academon.com/term-paper/terrorism-and-miranda-rights-152997/>

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