Criminal Justice - Miranda Modern Term Paper

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Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend certain constitutional issues. In that regard, even the terrorist is entitled to the same protections against self-incrimination and prosecution using illegally-obtained evidence of guilt. However, the legitimate need to protect the public from wide-scale death and destruction may be another matter entirely.

Dershowitz (2002) outlined the principles for designing a "torture warrant" in connection with which authorities may interrogate suspects known to possess information necessary to prevent mass casualties and loss of innocent life in imminent terrorist attacks through means ordinarily strictly prohibited by the Constitution and the laws applicable to all fifty American states.

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The fundamental distinction is that those efforts would relate to securing information for the purposes of preventing mass casualties rather than to the prosecution of terrorist suspects.

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......

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