“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”
As a result of the landmark Miranda v. Arizona Supreme Court case in 1966, this often-heard phrase in movies, TV shows, and, for some of us, in real life arrests has become an essential aspect of the U.S.’s due process of law.
Recently, the Supreme Court has decided to weaken the enforcement of this law by claiming that it is the criminal’s responsibility to ask for his rights.
This change leaves the accused with a great disadvantage and allows for a greater ability for the police to take advantage and exploit the accused.
Not only does this leave the accused at a disadvantage, but it greatly shifts the balance of power to the side of law enforcement. So if this is the road the Supreme Court has decided to take, then we should have asked for our rights to freedom of speech and freedom of the press before publishing this editorial.
The new law takes away the rights of those arrested. In the law’s eyes, chances are if your Miranda Rights must be read to you, you have probably been involved in some illicit activity. So to take away your right to withhold information is perfectly plausible. After all, police officers are here to serve and protect. Right?
Wrong.
Withholding such information from suspects is essentially denying them basic rights. An uninformed immigrant would more readily confess and go to jail while an American, fully aware of his Miranda Rights, would not.
This goes against that little concept of fairness and equality our nation so devotedly advocates.
In a country where the concept of innocent until proven guilty is lauded as the “American way,” this decision is a great injustice and is exactly the opposite of what the American justice system stands for.
We must continue to protect the rights of all people living in this country, not create a country where law enforcement and the police have the ability to control the justice system with an iron fist.
If we, as a nation, want to achieve our “greatest nation on earth” reputation, decisions such as these are the wrong way to go.
