Need a perfect paper? Place your first order and save 5% with this code:   SAVE5NOW

Dissenting Opinion on Miranda v. Arizona (1966)

Introduction

The landmark decision of Miranda v. Arizona (1966) established the now well-known “Miranda rights,” which mandate that law enforcement advise suspects of their constitutional rights before custodial interrogation. I respectfully disagree with the majority ruling, which aimed to safeguard individual rights and advance justice in criminal procedures.[1]. The Miranda decision by the Supreme Court misinterprets the Constitution, impairs the efficiency of law enforcement, and endangers everyone’s safety.

The majority’s reliance on the Fifth Amendment

The Miranda v. Arizona (1966) majority’s reliance on the Fifth Amendment prompts questions about the constitutional protections’ growth beyond their original intent. The majority’s Miranda view expands the Fifth Amendment beyond self-incrimination, defeating its intent. The Fifth Amendment states that no one can testify against himself in a criminal case. This fundamental right prevents coercion of information that could be used against individuals. However, the amendment’s text does not expressly mandate that police give suspects thorough warnings before interviewing them. By introducing the now-famous Miranda warnings, the majority opinion in Miranda expanded the Fifth Amendment’s protections.[2]. These cautions, including the right to silence and counsel, protect suspects from being coerced to confess. These precautions are commendable, but they exceed the Fifth Amendment’s scope.

The Fifth Amendment’s primary goal is to prevent anyone from being forced to incriminate themselves. It does not detail the warnings or protocols that law enforcement must adhere to when questioning suspects. The Court inadvertently changed the Fifth Amendment to include an implied obligation for such notifications by requiring a specified set of cautions. This enlargement of fundamental safeguards establishes a risky precedent. It gives the judiciary extensive authority to read the Constitution differently, which could dilute other constitutional rights. What prevents the Court from drawing similar conclusions about requirements that the framers did not expressly mention, such as the Miranda cautions, from the Fifth Amendment?

Additionally, the majority’s reliance on Miranda’s Fifth Amendment analysis disregards the bigger picture of criminal investigations. Law enforcement officials frequently need to take rapid and decisive action to ensure public safety and capture suspects. The inquiry would be slowed considerably, and the police would be burdened more if they were to give particular cautions before each interrogation.[3]. Justice, crime reduction, and the accused’s rights must be balanced. Law enforcement’s ability to acquire evidence and get prosecutions is hampered by Miranda’s majority’s Fifth Amendment reliance.

Undermining the principle of stare decisis

The American legal system is founded on stare decisis, which encourages consistency and stability in legal precedents. It guarantees the predictability and dependability of legal judgments and offers guidance to judges, attorneys, and citizens alike. The majority’s ruling in Miranda v. Arizona (1966) disrupts the law’s stability and predictability by changing accepted practice without cause. Stare decisis ensures law interpretation and application consistency and clarity. Ensuring that related matters are handled similarly advances fairness and equality before the law. Because citizens can logically rely on prior decisions when making legal decisions, it also builds respect for the legal system and the rule of law. In Miranda, the majority broke with long-standing tradition without offering sufficient justification. Before Miranda, confessions were typically admissible as evidence unless it could be established that they were made involuntarily.[4]. With this standard, a delicate balance was found between upholding the rights of the accused and permitting solid evidence to be admitted.

This established understanding was upended by the majority’s judgment in Miranda, which mandated that law enforcement give suspects explicit warnings before interrogation while being held in custody. The Court could not adequately defend this break from precedent, providing little more than the hope that such precautions would uphold individual rights. This shortage of convincing arguments undercuts the idea of stare decisis and damages the law’s predictability and stability. The judiciary’s function as the protector of consistency and stability in the legal system is weakened by the majority’s disregard for the principle of stare decisis in Miranda v. Arizona. The public’s faith in the Court’s ability to deliver trustworthy and consistent legal interpretations is damaged when established practice is overturned without sufficient cause. Additionally, it lets in other rulings in the future that defy established precedents and weaken the strength of the judicial system.

The majority’s contempt for stare decisis also damages the legitimacy of earlier rulings and breeds confusion in the law. To make wise judgments and prepare for the future, parties to legal conflicts rely on the legal system’s predictability. When precedent is violated without good cause, it messes with people’s expectations and makes them lose faith in the judicial system. Although the Court can revisit and reverse earlier rulings, this authority should only be used after carefully weighing the consequences. A compelling reason, such as a significant shift in cultural values or the urgent need to repair a severe error, should be required before departing from precedent.[5]. The majority in Miranda failed to offer a compelling reason for straying from accepted practice. The choice did not reveal a fundamental shift in social ideals or the urgent requirement to right an obvious wrong. Instead, it was primarily motivated by a desire to increase individual liberties without adequately considering the broader ramifications and potential influence on law enforcement and public safety.

Impact on law enforcement and public safety

The Miranda v. Arizona judgment from 1966 has significantly influenced law enforcement procedures and public safety, posing problems and hazards that jeopardize efficient criminal investigations. The Court’s decision, which requires the Miranda warnings, adds to the burden placed on law enforcement authorities, making it more difficult for them to acquire vital information and endangering the public’s safety. The time-consuming process of giving suspects the necessary warnings is one of the Miranda ruling’s direct effects. To avoid wasting precious investigative time, law enforcement officials must now inform suspects of their rights before custodial interrogations.[6]. It may be more difficult for investigators to get the truth and obtain pertinent evidence if there is a delay since it gives suspects more time to plan their responses. The Miranda warnings also inform suspects of the constraints and boundaries of law enforcement. The right to stay silent and the presence of an attorney are made known to suspects, giving them a tactical edge in controlling the interrogation procedure. Criminals can craft their comments carefully, knowing that any later confession or damning information may be declared inadmissible if the Miranda warnings were not correctly given. Due to this knowledge imbalance, law enforcement cannot discover the truth and gain convictions.

Additionally, the Miranda ruling unintentionally chills law enforcement personnel. Officers may need to be more cautious or hesitant in their investigative techniques for fear of future legal challenges and the deletion of evidence owing to alleged Miranda violations. This hesitation may prevent criminal cases from being resolved quickly and effectively, giving offenders a chance to elude justice or carry on with their illicit behavior.[7]. The Miranda ruling raises difficulties in preventing and combatting crimes in the context of public safety. Criminal investigations frequently call for quick action, and it is essential for safeguarding public safety to get timely and reliable information from suspects. While Miranda warnings preserve individual rights, they also impose formal restrictions that obstruct the exchange of information between law enforcement and suspects. Time is of the essence, for instance, when ongoing criminal actions or immediate threats occur. Law enforcement may be less able to acquire crucial information or protect potential victims from additional harm if interrogations are postponed to give Miranda warnings.[8]. The Court’s ruling unintentionally gives criminals an edge by allowing them to take advantage of certain procedural constraints and potentially avoid capture or obstruct investigations. The Miranda ruling also encourages offenders’ perceptions that they control interrogations. This impression may give people the confidence to refuse to cooperate, suppress essential details, or manipulate the system in their favor. Law enforcement cannot efficiently investigate and solve crimes, endangering public safety. Upholding individual rights is necessary, but constitutional restrictions might hinder law enforcement’s capacity to keep the public safe. A fair and effective criminal justice system balances individual liberty with justice administration.

Alternative solutions for protecting constitutional rights

Miranda v. Arizona (1966) tried to defend constitutional rights, but other methods could better balance these rights with law enforcement reality. By examining alternatives, we can protect investigations and public safety while maintaining individual liberty.

1) Reinforcement of the exclusionary rule: Another option is restricting the use of Fourth or Fifth Amendment-violated evidence. The exclusionary rule strongly deters law enforcement from coercive or unconstitutional behavior. Strengthening this guideline encourages officers to follow constitutional norms during interrogations while permitting voluntary confessions as evidence.

2) Training and professionalism can better preserve constitutional rights than procedural requirements like Miranda warnings. Comprehensive law enforcement training assures police understand the Constitution and its safeguards[9]. This strategy emphasizes individual rights and ethical interrogations without imposing warning requirements that can hinder inquiries.

3) Confession admissibility can also be determined by case-by-case analysis. Instead of requiring warnings, judges might analyze all the circumstances to determine if a confession was voluntary. This method protects constitutional rights while admitting trustworthy evidence.

4) Enhanced safeguards for vulnerable individuals: Recognizing the particular requirements of juveniles and intellectually disabled people is another option. Special protections could be implemented to ensure these persons understand their rights and are not coerced during interrogations. This focused approach addresses vulnerable populations without burdening law enforcement with excessive warning procedures for all suspects.

5) Judicial supervision and accountability: To defend constitutional rights, increase judicial oversight. Courts can examine confessed voluntariness and law enforcement questioning practices. Establishing clear criteria and standards for assessing confession admissibility protects constitutional rights and judicial legitimacy.

Conclusion

Even though Miranda protected suspects’ rights, I can’t entirely agree with the majority’s reasoning. The Court has overinterpreted the Fifth Amendment and burdened law enforcement. The ruling also violates the idea of stare decisis and endangers public safety by obstructing efficient criminal investigations. Alternative approaches, like the exclusionary rule, offer a more fair way to safeguard constitutional rights while maintaining the effectiveness and efficiency of law enforcement. I fervently hope that the Court will rethink its position in upcoming instances and put the administration of justice back in the proper proportion with individual liberties.

Bibliography

“Miranda v. Arizona.” Oyez. Accessed June 26, 2023. https://www.oyez.org/cases/1965/759.

Gentithes, Michael. “Janus-Faced Judging: How the Supreme Court Is Radically Weakening Stare Decisis.” Wm. & Mary L. Rev. 62 (2020): 83. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/wmlr62&section=5

Kamisar, Yale. “Miranda Thirty-Five Years Later: A Close Look at the Majority and Dissenting Opinions in Dickerson.” Ariz. St. LJ 33 (2001): 387. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/arzjl33&section=18

Little, Rory. “Vega v. Tekoh on Limiting the Enforcement of the Miranda Ruling.” In SCOTUS 2022: Major Decisions and Developments of the US Supreme Court, pp. 139-147. Cham: Springer International Publishing, 2022. https://onlinelibrary.wiley.com/doi/abs/10.1002/bsl.2610

Moore, Logan. “The Right to Remain Silent… Sometimes: Why § 1983 Claims for Miranda Violations Are Necessary to Fifth Amendment Protection.” Missouri Law Review 88, no. 1 (2023): 12. https://scholarship.law.missouri.edu/mlr/vol88/iss1/12/

Moore, Logan. “The Right to Remain Silent… Sometimes: Why § 1983 Claims for Miranda Violations Are Necessary to Fifth Amendment Protection.” Missouri Law Review 88, no. 1 (2023): 12.

Tazi, Kamar Y., and Richard Rogers. “Falling through the cracks: Failing to identify compromised Miranda abilities for defendants with limited cognitive capacities.” Behavioral Sciences & the Law (2023). https://onlinelibrary.wiley.com/doi/abs/10.1002/bsl.2610

[1] Gentithes, Michael. “Janus-Faced Judging: How the Supreme Court Is Radically Weakening Stare Decisis.” Wm. & Mary L. Rev. 62 (2020): 83.

[2] Kamisar, Yale. “Miranda Thirty-Five Years Later: A Close Look at the Majority and Dissenting Opinions in Dickerson.” Ariz. St. LJ 33 (2001): 387.

[3] Kamisar, Yale. “Miranda Thirty-Five Years Later: A Close Look at the Majority and Dissenting Opinions in Dickerson.” Ariz. St. LJ 33 (2001): 387.

[4] Little, Rory. “Vega v. Tekoh on Limiting the Enforcement of the Miranda Ruling.” In SCOTUS 2022: Major Decisions and Developments of the US Supreme Court, pp. 139-147. Cham: Springer International Publishing, 2022.

[5] Little, Rory. “Vega v. Tekoh on Limiting the Enforcement of the Miranda Ruling.” In SCOTUS 2022: Major Decisions and Developments of the US Supreme Court, pp. 139-147. Cham: Springer International Publishing, 2022.

[6] Moore, Logan. “The Right to Remain Silent… Sometimes: Why § 1983 Claims for Miranda Violations Are Necessary to Fifth Amendment Protection.” Missouri Law Review 88, no. 1 (2023): 12.

[7] Moore, Logan. “The Right to Remain Silent… Sometimes: Why § 1983 Claims for Miranda Violations Are Necessary to Fifth Amendment Protection.” Missouri Law Review 88, no. 1 (2023): 12.

[8] Tazi, Kamar Y., and Richard Rogers. “Falling through the cracks: Failing to identify compromised Miranda abilities for defendants with limited cognitive capacities.” Behavioral Sciences & the Law (2023).

[9] Tazi, Kamar Y., and Richard Rogers. “Falling through the cracks: Failing to identify compromised Miranda abilities for defendants with limited cognitive capacities.” Behavioral Sciences & the Law (2023).

 

Don't have time to write this essay on your own?
Use our essay writing service and save your time. We guarantee high quality, on-time delivery and 100% confidentiality. All our papers are written from scratch according to your instructions and are plagiarism free.
Place an order

Cite This Work

To export a reference to this article please select a referencing style below:

APA
MLA
Harvard
Vancouver
Chicago
ASA
IEEE
AMA
Copy to clipboard
Copy to clipboard
Copy to clipboard
Copy to clipboard
Copy to clipboard
Copy to clipboard
Copy to clipboard
Copy to clipboard
Need a plagiarism free essay written by an educator?
Order it today

Popular Essay Topics