Do you believe Miranda v Arizona was a proper ruling by The Supreme Court?
Yes, while the constitution is vague and ambiguous in general.
Miranda was one of four similar cases. And while the dissent in this 5-4 decision was based on the feeling that it would allow criminals to get back into the street, it really depended on the police following or not following a few sentences to the detainee.
The purpose of any constitutional protection is to protect the innocent at the expense of letting the bad guy go free.
An arrest by a police officer is merely an opinion. And in my opinion, once the police detain, that is when you need the protection.
And once in custody, that is when you need your counsel. And it has little to do whether the person is guilty or innocent. It is especially important for the innocent as the criminals are usually schooled in the law.
What do you think about the argument that no where in the Constitution is it stated that law enforcement has advise someone of their rights? That there was no law requiring it?
Constitution is a very terse doc. you can see from the expansion of the 14th Amt the courts feel free to take liberty to whatever the SCOTUS thinks is politically the way they should go.
Right to an atty is useless without Miranda.
Thompkins effectively gutted Miranda. - there are no Miranda rights anymore.
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