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Abolish Miranda Rights

Tuesday, 18 May 2010 11:57 AM

By Edward Koch

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Miranda warnings are now the topic of great discussion as a result of U.S. Attorney General Eric Holder’s push for the law to be revised to allow more questioning of terror suspects before those warning are given.

Holder apparently is concerned that treating terror suspects like anyone else would give them an opportunity to stop talking and cooperating and would require the police to quickly present the suspects to a judge.

I believe not only in cases involving terror charges, but in all criminal cases, the Miranda rules should be abolished or sufficient exemptions added, as to allow law enforcement and society the benefit of a human reaction, which often is to confess to the crime committed.

Our judicial system has decided not to take advantage of that human emotion and instead to warn suspects that they have the right to remain silent and to receive free legal representation if they cannot afford it. To sum up, they are told, “for heaven’s sake, shut up.”

Currently, if Miranda warnings are not provided in a timely way, the confession given by the suspect is not useable at the trial, nor is any information obtained as a result of the confession. Sheer folly. I also believe all interrogations of suspects by the police should be videotaped.

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