June 8, 2010
Miranda warnings given to individuals arrested in th United States are given based upon the United States Supreme Court’s decision in Miranda v. Arizona. The Miranda warnings require the police officer, FBI agent or other governmental arresting officer to advise the arrestee that anything they say or do could be held against them, that they have a right to an attorney and if they cannot afford an attorney, an attorney will be appointed for them.
President Obama is considering supporting a law that would either delay or eliminate the Constitutional Miranda warnings when dealing with individuals charged with terrorism. Constitutional attorneys and former prosecutors have discussed a terrorism exception with regard to giving Miranda warnings to individuals arrested for terrorist acts. They suggest a terrorism exception could last up to 48 hours before the Miranda warnings would have to given to the suspect. There has also been a discussion of a statue authorizing emergency detention of individuals suspected of having committed terrorist attacks.
The United States is currently the only country in the world that gives individuals suspected of being charged with crimes various warnings to protect themselves from making statements that could be used against them at trial.
I personally believe that the Miranda warnings are important protections for individuals suspected of committing crimes. However, a 48 hour exception to the Miranda rule should be carved out for suspects charged with terrorist acts. We live in a world in which terrorists seek to take away the basic freedoms that we have fought so hard to protect. This minor exception to the Miranda rule in certain circumstances maybe necessary to protect the lives of Americans against catastrophic terrorist attacks.