Miranda Rights, Essay Example

In 1966 the United States Supreme Court made a landmark ruling that upheld the 5th Amendment.  The outcome of the famous Miranda vs. Arizona case is the now famous Miranda Warning, which officers must recite to suspects that they are arresting.  This law has become a part of our national identity, as it is seen on TV whenever an arrest is made.  However, the law has come under attack by law and order advocates who say it hinders police investigation.  Miranda warning advocates insist the warning is necessary to inform individuals of their rights so they do not unknowingly incriminate themselves, as per the 5th admendment of the constitution.

The argument that the Miranda warning hinders a police officers ability to investigate a crime does not make a particularly strong argument for overturning Miranda vs. Arizona.  A criminal may be arrested without a Miranca warning if there is sufficient evidence to indict already.  Also, a suspect may also indict himself if he voluntarily admits to the crime without being asked by the officer. If an officer makes an arrest without having sufficent evidence, then a Miranda warning is necessary to inform the person of their constitutial rights.  At times, police officers may use fear to cohorse confessions from suspects who are confused  and frightned, and this is exactly what the Miranda warning tries to eliminate.

The argument could be made that since knowledge of the Miranda Warning is so prevalent in our society, that all people should be aware of it without needing to hear an officer recite it.  Most people who have never even been arrested could recite the warning if asked.  However, it is a possibility some people genuinely don´t know their rights.  It is also possible that some people could become so fearful upon the arrest situation that they forget their rights.  Statements could be made that could be taken out of context by the arresting officer.  It leads to less confusion when the officer formalizes the arrest with the reading of the Miranda Warning.  The suspect is then fully knowledgeable about the fact that he is being arrested on suspicion of commiting a crime.  It is just a part of the arrest procedure.

It would be difficult to ensure that all confessions were voluntary.  It has been an unfortunate fact that many people have been arrested and sent to jail without being guilty.  Sometimes peoples rights are taken away unfairly due to negligence, racism, and politics.  It was to protect free men, innocent men, that the fathers of our nation wrote the Bill of Rights.  The Bill of Rights laid down the basic freedoms that all Americans have, and it is our duty as Americans to ensure that those rights are guarded.

The Miranda Act was enacted by the Supreme Court as an uphold ing of the 5th Admendment.  If the Miranda Act were to be overturned, it would be in attack on the 5th Admendment.  Our nations government is founded on the Constitution and Bill of Rights, and violating those documents has profound implications for the American people.  Our rights as citizens of the United States should be protected at all costs.  Making sure that innocent people don´t go to jail was the intention behind the Miranda Act.  It may be that some guilty people will go free, but if an innocent person doesn`t go to jail, then the Miranda Warning has done its job..