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You have the right to remain silent anything that you say may be used against you in a court of law you have the right to talk to a lawyer and have himher present with you while you are being questioned if you cannot afford a lawyer one will be appointed to represent you before any questioning if you wish These words have become a commonplace in law enforcement across the United States Miranda warnings by their formal name have been subject to much controversy since they were first birthed in the 1960s So powerful are these words many criminals are set free if they are not spoken Courts have long recognized that a persons confession if not Miranda was not issued is not admissible in court I feel that Miranda warnings are not necessary in the criminal justice system Miranda warning are currently used when a suspect to a crime is interrogated or questioned The underlining theme in Miranda is to prevent police officers from obtaining involuntary or coerced confessions to a crime In a recent US supreme court case Dickerson v United States 2000 regarding Miranda Justice Scalia dissents - an Act of Congress will not be enforced by the courts if what it prescribes violates the Constitution of the United States That was the basis on which Miranda was decided One will search todays opinion in vain however for a statement surely simple enough to make that what 18 U S C 3501 prescribes--the use at trial of a voluntary confession even when a Miranda warning or its equivalent has failed to be given--violates the Constitution The reason the statement does not appear is not only and perhaps not so much that it would be absurd inasmuch as 3501 excludes from trial precisely what the Constitution excludes from trial viz compelled confessions but also that Justices whose votes are needed to compose todays majority are on record as believing
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