The false protection of the Miranda warning / by kevin murray

Most, everyone through television, or just general talking, or through reading, are basically familiar with the Miranda warning, in which, police have been instructed in conformance with the Supreme Court decision of 1966, that suspects be advised of their rights upon being arrested, which most importantly involves the right to be silent and to thereby not to answer questions that may be incriminating or could be considered to be incriminating in nature, as well as the right to have an attorney.  This means that suspects that have not been informed of their Miranda rights and are thereby subsequently questioned and/or interrogated cannot have such evidence obtained by these statements be admissible in court against that suspect.

 

As in most situations, the effect of the Miranda warning, was quickly adjusted to by the police and law enforcement agencies, so that in actuality, the reading of such a warning is something akin to the reading of Terms and Conditions of rental contracts, or medicinal prescriptions, and other such things, that basically nobody really pays much attention to.  That is to say, in fit, form, and function, those that are arrested and have been read their Miranda rights, and then agreed that they understand such rights, pretty much behave as if they don't really understand that they have the Constitutional right to shut up.

 

This essentially means, for all practical purposes, that the Miranda warning, with a small percentage of exceptions of all those that are mature, intelligent, knowledgeable, disciplined, and of a sound reasoning mind, does little or nothing to protect suspects against not only making incriminating statements, that will thereby be taken as confessions in a court of law, but to, over a period of time, perhaps also confess to things or admit to stuff that didn't actually really occur.   While, on the surface, most people strongly believe that there isn't any sort of thing as a false confession, those very same people believing such, have never experienced being interrogated before in which the suspect is in control of virtually nothing, and must on their own, deal with law enforcement psychological game playing, relentless pressure, along with premeditated deception, all of which will be unleashed upon them.  One must recognize, that a police interrogation is always done upon the terms and conditions of the police department, itself, of which, those doing the interrogating are highly experienced, as well as understanding completely the rules and purpose of the game, whereas the suspect knows little or nothing of what is really transpiring, and has not the experience or capacity to trade psychological blows with the police.

 

This so signifies that when the police interrogate a given suspect, especially considering that the confinement of the suspect puts him in a highly vulnerable position, that in many cases, actionable information will be confessed to in one way or another, even if, suspect is just basically affirming police officer's leading questions, because many of these suspects are unable to figure out a way to voluntarily stop themselves, other than saying what they believe the police want to hear, because they are fatigued, confused, discombobulated, feel threatened, and may have received false promises or assurances for cooperation.

 

In point of fact, all police interrogations with suspects should be taped from the beginning to the end, of which these interrogations should be limited in their total time, as well as there should be mandated breaks, and there should be options for the suspect to opt out at certain, specific,  given points.  In addition, fairness would imply that a neutral observer should be attendant to such interrogations at all times, along with rules that specifically allow for the suspect to have bathroom breaks, rest, silence, and an opportunity for such a suspect to opt out of such an interrogation by being reminded of their Fifth Amendment rights.

 

All said, while there was good intentions behind the Miranda warning, in effect, the most important warning and the rules and regulations that are actually needed to protect suspects from self-incrimination, as well as coerced and false confessions, really needs to specifically address police interrogation techniques, which Miranda hasn't touched, whatsoever.