Essay: Significance of Miranda Rights

17 Oct

Essay: Significance of Miranda Rights

Sample Essay

Moreover, there is a transparent indication that Miranda rights are indeed unnecessary when dealing with domestic terrorists because without their awareness of these rights domestic terrorists have no choice but to give out information. As clearly observed, these criminals are empowered by the Miranda rights to withhold information from law enforcers especially if they perceive it to be self incriminatory. In the worst case scenario, failure to acquire such important intelligence may pose greater threat to national security. It was possible that AbdulMutallab may have had contact with other individuals who were planning similar attacks. Without this information such attacks would have not been prevented and instead led to further killings and increased insecurity.

MIRANDA RIGHTS UNNECESSARY_ DOMESTIC TERROSISTS

Hayes (2009) favors the denial of Miranda rights to domestic terrorists and claims that the right to remain silent for such criminals is quite unrealistic. When there are possibilities of saving lives using information obtained from these terrorists, then under no circumstances should they be offered the alternative of remaining silent. This fact is well illustrated in the case of the 9/11 mastermind Khalid Sheik Mohammed. After his capture, the terrorist failed to cooperate with the CIA and even asserted that he would do so only with the presence of his lawyer. After such a deadly attack in the US, the confessions of Khalid Sheik Mohammed were very important not only in seeking justice for the lost lives but also for the prevention of further attacks. Indeed, it becomes necessary under such circumstances for law enforcers not to treat terrorists like other criminals. Were it not for the fact that Khalid Sheik Mohammed was denied his right to a lawyer, the many lives saved and disrupted plots would have been impossible without the intelligence he provided to the CIA. An obvious tactic used by lawyers is to advise their clients to remain silent and with a lawyer Khalid Sheik Mohammed would have done the same.

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