Nobody downloaded yet

Should terrorist have miranda rights based on the constitution - Essay Example

Comments (0) Cite this document
Summary
Any sane and organized democracy is identified by its predilection to create a just and ordered society based on a constitutional recognition of the rights of the people. Miranda Rights brought into existence by the Supreme Court ruling in Miranda v. Arizona (1966) are important…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.2% of users find it useful
Should terrorist have miranda rights based on the constitution
Read TextPreview

Extract of sample
"Should terrorist have miranda rights based on the constitution"

Download file to see previous pages Seen in a political and historical context, since times immemorial, constitutions around the world though being sacrosanct tend to be dependent on a plethora of factors in terms of the extension of rights and their interpretation. Historically speaking right from the times of the Greeks, the city states drafted and exercised their constitutions in the light of the geo-political environment amongst which they were placed and the consequent friends and enemies they had to contend with (Manferedi 127). In a post 9/11 scenario, America has found itself in a precarious and unique situation where it happens to be the choicest target of international terrorist organizations. Hence, the constitution should aptly respond to these peculiar circumstances by denying all democratic rights to the terrorists, including the Miranda Rights.
One major aspect of Miranda Rights is that the Constitution does recognize the fact that there may be exceptional circumstances, posing a grave threat to public safety, where the extension of Miranda Rights to a suspect may not be pragmatic and safe. In New York v. Quarles (1984), the US Supreme Court did recognize the fact that in circumstances where there is a clear and imminent danger to public safety, exceptions to Mirada Rights are constitutionally relevant. Now, after the gargantuan loss and bloodshed America had to bear with in the 9/11 terror attacks, the very existence of a terrorist pose a clear and imminent threat to public safety. So automatically the terrorists should be excluded from the ambit of safety extended by the Miranda Rights.
Terrorists are not like regular criminals to whom the Miranda Rights are extended by the Constitution. At the basis of most of the regular crimes lie two reasons, either need or some form of mental illness. However, terrorists do not kill people because they are in need or are mentally challenged. Rather, most of the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Should terrorist have miranda rights based on the constitution Essay”, n.d.)
Should terrorist have miranda rights based on the constitution Essay. Retrieved from https://studentshare.org/history/1588549-should-terrorist-have-miranda-rights-based-on-the-constitution
(Should Terrorist Have Miranda Rights Based on the Constitution Essay)
Should Terrorist Have Miranda Rights Based on the Constitution Essay. https://studentshare.org/history/1588549-should-terrorist-have-miranda-rights-based-on-the-constitution.
“Should Terrorist Have Miranda Rights Based on the Constitution Essay”, n.d. https://studentshare.org/history/1588549-should-terrorist-have-miranda-rights-based-on-the-constitution.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Miranda Act
... various methodologies, such as interviews, secondary data analysis, and participant observation. The common agreement of these studies is that after adapting at first to the new directives promulgated in the Miranda resolution, law enforcement abided by the rules, but not the essence, of the mandated fourfold notices, in spite of these general notices large numbers of criminal suspects habitually relinquish their constitutional rights (Cassell & Fowles, 1998). The directives of the Miranda Act have had merely a minor impact on the capability of the law enforcement community to draw out confessions from the accused effectively; and hence, the Miranda Act has not wielded a substantial influence either on the frequency of conviction... of...
3 Pages(750 words)Essay
Miranda Rights
...?Miranda Rights serve as a protective mechanism for those accused of crimes in the United s, and it is an extension of the Fifth Amendment protection of due process. Any look at totalitarian regimes of true history or recent fiction will reveal that protection of citizens' rights to not be abused by law enforcement and to not self-incriminate is an important function both in terms of maintaining democracy and in ensuring human rights. In the United States, this need was recognized through looking at English common law, based on the Magna Carta, which set forth the rights of individual citizens as against the King. In this common law...
6 Pages(1500 words)Research Paper
The Miranda Rights
... The Miranda Rights Introduction The Miranda rights constitute informing of an individual who has just been arrested or one who is about to be interviewed while in police custody of what they should or should not say. The statements made by an individual in police custody can be used as evidence against them in a court of law. This right is guaranteed by 5th Amendment of US constitution. The provision serves to ensure that individuals do not provide information that incriminates them and exposes them to being jailed (Burgan, Shouba & Sluys, 96). There have been cases that have been dismissed in a court of law because the suspect was not read his/ her Miranda rights. Information that has been sourced from a criminal suspect... that was not...
9 Pages(2250 words)Term Paper
Miranda
..., once any one was declared as criminal suspects. For this reason, there are certain rights, the right to remain silent and the right to an attorney that have been ensured by the Constitution. However, most people remain ignorant of such rights and a result, the police has for years taken advantage of the people's ignorance of this fact. This is what happened in the Ernesto Miranda in 1963 when he was accused of abducting and raping a young girl. He wasn't made cognizant of his rights and therefore confessed to his crime. In 1966, however, the Supreme Court disregarded his confessions as evidence against...
2 Pages(500 words)Essay
Miranda rights
...at the scene of the burglary was elicited without proper Miranda warning. The court pointed out that "failure to warn-which it termed a "technical" violation-differs in significant respects from constitutional violations which have traditionally mandated a broad application of the "fruits" doctrine." (Miranda 2004). Therefore the initial "confession" that the deputy was able to get from Elstad without Miranda warning was considered a "technical" violation only rather than a violation of Elstad's Miranda rights. The unfortunate result of the Elstad case was that certain "crime fighters" decided that while...
3 Pages(750 words)Essay
Constitution and Bill of Rights
...Constitution and Bill of Rights The framers of the US government constructed a radical new proposition that was based upon the fear of two conflicting yet equally dangerous forms of rule: monarchy and unchecked democracy. The government of the United States was formed in the crucible of fiery revolution against the excess of monarchical rule, yet the ultimate outcome of a representative republic is clearly not true, or at least absolute, democracy. The checks and balances inherent in the three separate but equal branches of government are quite obviously a great distance away from even the kind of constitutional monarchy in place in England against which the...
7 Pages(1750 words)Essay
Miranda Rights
...Miranda Rights The Miranda rights have been established to provide suspected criminals their rights upon being arrested. By being read these rights,the criminals know what they are entitled to, such as the right to remain silent and to obtaining an attorney (Prentzas, 2005). However, in recent years many terrorist suspects have not been read these rights and it has come to the point that many people, lawmakers and officials believe that they should not be entitled to the rights that are drawn out in the Miranda warnings. As these terrorist suspects are innocent until proven guilty, are no different than any other criminals, and have the Fifth and Sixth Amendments backing them up, they should be guaranteed the rights enumerated... in the...
2 Pages(500 words)Essay
Miranda Act
...used various methodologies, such as interviews, secondary data analysis, and participant observation. The common agreement of these studies is that after adapting at first to the new directives promulgated in the Miranda resolution, law enforcement abided by the rules, but not the essence, of the mandated fourfold notices, in spite of these general notices large numbers of criminal suspects habitually relinquish their constitutional rights (Cassell & Fowles, 1998). The directives of the Miranda Act have had merely a minor impact on the capability of the law enforcement community to draw out confessions from the accused effectively; and hence, the...
3 Pages(750 words)Essay
Miranda Warnings
...that a suspect must understand and waive their rights. The guardian/relative and boy must understand that a lawyer will be provided for free. The third Miranda right give suspects the right to a lawyer even if poor. The reason a parent/guardian of a suspect needs to know this right is to protect the suspect. If a parent/guardian thinks that they will have to pay for an attorney, they might counsel the boy to talk to avoid paying for counsel. That could be ammunition for a good defense attorney. The boy must understand that an attorney will not burden his family. That is his third Miranda...
3 Pages(750 words)Essay
Miranda Rights & the U.S. Terrorism Policy
...of the suspects that may end up being innocent Americans found at the wrong places at wrong times. Law enforcers must therefore operate cautiously and handle suspects based on the amount of evidence they have against them in order to prevent the violation of the rights of innocent Americans. Works cited Barkawi, Tarak, and Keith Stanski. Orientalism and War. New York: Columbia University Press, 2012. Print. Benedek, Wolfgang. Anti-terrorist Measures and Human Rights: [colloqium Organized in Vienna on 30-31 October 2002]. Leiden [u.a.: Nijhoff, 2004. Print. Burgan, Michael. Miranda V. Arizona: The Rights of the Accused....
8 Pages(2000 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic Should terrorist have miranda rights based on the constitution for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us