Miranda Vs. Arizona the Miranda Essay

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S. Supreme Court).

Following this case, police departments were now required to inform every arrested person of their rights under the law, now called a "Miranda Warning." Many conservatives believed that it was unfair and unnecessary to inform suspects of their rights, rights they should know if an American Citizen. Even President Richard Nixon believed that Miranda made it easier on criminals and harder on police. This view held that the rule would increase crime, and caused Nixon to state that he would appoint Judges who were "strict constructionists," and who would exercise judicial restraint (Burgen, 2006). There are three exceptions to the Miranda rule, though:

The routine booking question -- police may ask standard booking questions without needing Miranda.

Police hostage negotiations are not interrogations and therefore exempt.

The jailhouse informant exception or a secretly taped meeting between a suspect and police office in which the suspect attended voluntarily are not subject to Miranda; or while in custody, Miranda is not required if the suspect is unaware that they are voluntarily talking to a police officer

The public safety exception -- if the public safety (e.g. terrorism, etc.

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) is at issue, the police may question a subject with Mirandizing them (Miranda Exceptions, 2008).

While Miranda may remain controversial, it is both familiar and widely accepted. Because of so much airtime on American television police dramas and movies, most Americans are familiar with the warning and expect it as an elemental part of the arrest procedure. It seems a fair protection that a person should be apprised of their rights regardless of the insinuation. The intent of the Court seems to ask that the police follow a rule of law, and simply warning a suspect that whatever they say may be used in a legal proceeding seems fair.

REFERNCES

Miranda Exceptions. (2008). LegalMatch. Cited in:

http://www.legalmatch.com/law-library/article/miranda-lawyers.html

Burgan, M. (2006). Miranda V. Arizona: The Rights of the Accused. Compass Point Books.

Longley, R. (2004) Miranda: Rights of Silence, Cited in:

http://usgovinfo.about.com

"U.S. Supreme Court, Arizona v Miranda." Cited in:

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=U.S.&vol=384&invol=436

Vanmeter, L.A. (2006). Miranda V. Arizona -- Great Supreme Court Decisions. Chelsea House......

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