Real Civil Libertarians Don’t Defend the Reading of Miranda Rights; At Least, Not Anymore

Here’s an essay I wrote in 2011, posted to my other blog at http://rbodine.wordpress.com. In the age of the internet and readily available recording technology, it’s time to finally heed Chief Justice Warren’s call to come up with a better procedure than what we have. However, as the essay demonstrates, the government is less about doing its job and more about making you think it’s doing its job. A successful government worker maintains the status quo. Politicians are no different, so this major of a change will never happen. Still, a constitutional law nerd can dream.

Rob's Blog of Controversy

E-Miranda Do I Look That Bad to You?

Today marks the 45th anniversary of Miranda v. Arizona, the 1966 case that ostensibly gives us the requirement of the reading of rights to suspects when taken into custody. This case represents what’s wrong with politics, and demonstrates what happens when politics infects our legal system (or any other system) . It also shows how assumptions become “facts” over time. In short, the fact that this requirement persists is the result of nothing more than hurt feelings, stubbornness, intellectual laziness, and political expediency. So, where do I begin?

The Case: Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602 (1966)

I’ll keep this short. If you want to know more, or verify what I’ve written, you can read the Miranda decision here.

Very early in the decision, Chief Justice Warren summarizes the holding in four long, boring sentences.

[T]he prosecution…

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Filed under Constitutional Law, Criminal Law

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