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The Miranda Debate Miranda is one of the best-known cases in the history of the Supreme Court It represents the Courts determination to treat even the lowliest of criminals with the same dignity and respect as the wealthiest celebrity This case established the Fifth Amendment right of the accused to be informed of their right to counsel and their right not to answer questions In The Ethical and Policy Debate Regarding Miranda Section II questions First can Mirandas approach to regulating the interrogation process be justified as a reading of the Fifth Amendment on either constitutional or policy grounds In summarizing this question there are several considerations supporting the recommendation that the Miranda should be overruled First if the Miranda is continued it violates the constitutional separation of powers and basic principles of federalism In its current state it sets a code of procedure for interrogations based on fictions and arguments Secondly Miranda impairs the ability of the Government to protect the public by impeding the prosecution of crime Using the Miranda reduces the willingness of suspects to respond to police questioning In most criminal cases the defendants statements are necessary in prosecution without these statements criminals can go free Third the Miranda is damaging to public confidence as well as resulting in injustices to crime victims It can result in cases where known criminals are released and the victims of these crimes can go through years of pain and insecurity The Miranda system has handcuffed the judicial system and not allowed a better way of dealing with criminals to be implemented In my opinion the Miranda would be unnecessary as long as we abide by the Fifth Amendment rules Second what would replace Miranda if it were overruled It is recommended that the department of justice develop a set of rules or guidelines that carry out interrogations and implement these rules with the renewal of a
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