A professor's 19 year crusade to end Miranda warnings because they're "handcuffing the cops"
A professor’s 19 year crusade to end Miranda warnings because they’re “handcuffing the cops”
Since at least 1998, a former prosecutor and Deputy Attorney General turned professor has been claiming that the Miranda warning, handcuffs the police. In 1998 University of Utah Professor Paul Cassell wrote a report titled, “Handcuffing the Cops: Miranda’s Harmful Effects on Law Enforcement”.
Cassell’s report claimed, that since the Miranda vs. Arizona ruling, convictions and confessions have dropped dramatically.
Fast forward to 2017, where Cassell and economics professor Richard Fowles claim that police could solve 20 percent more violent crimes and 11.6 percent more property crimes if only they weren’t handcuffed by Miranda.
To Cassell, Miranda vs. Arizona was “the most damaging blow inflicted on law enforcement in the last 50 years.”
If Cassell has his way, no one will be given Miranda warnings.
Cassell’s 19 year crusade to end Miranda warnings
Since at least 1998, Cassell has been has been filing briefs across the country trying to overturn Miranda. Which means he’s been on a nineteen year crusade to end Miranda warnings.
A 1999 article in The American Prospect warned that Cassell ‘could be influential in shaping our country’s legal system for decades to come’.
What the professors are really advocating for, is to give police more powers to intimidate people into admitting to a crime they may not have committed.
Below is an excerpt taken from section 4 of Cassell’s “Handcuffing the Cops” report.
Cassell’s crusade goes hand in hand with a 2012 Appeals Court ruling that allows private prisons to question inmates in the “comfortable surroundings” of a prison without giving them a Miranda warning. The Court reasoned, that since an inmate was already in prison, they are used to being in a confined place with restrictions as opposed to a free person.
The Court also claimed a prisoner could simply refuse to talk the police and go back to their cell without any repercussions.
Taking away Miranda warnings , will lead to more people being arrested nationwide just to keep the $100+ billion dollar industry running smoothly.
America leads the world in incarcerating people
Imagine a future, where police don’t tell a suspect they have the right to remain silent and to have an attorney represent them.
America leads the world in the number of people behind bars and if the DOJ decides to eliminate Miranda we can expect to see a lot more than 11 million people cycle through our jails each year.
America’s fixation on overcriminalization costs us $152 billion a year, with close to half a million innocent people in jail awaiting trial annually!
Americans need more protection from the police not less.
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I have seen portrayals of forced confessions, in our media — usually, from admittedly Communist, foreign, rogue states.
But, have never been able to grasp, why someone building a fictional, parallel construction, needs a signed confession.
They can just arbitrarily blame you for paper cuts, and the common cold, and punch you in the face.
In our case, you have someone being caged and disappeared. It is understood that you no longer have human dignity and will be forbidden contact with the outside world. We are being told that they need your cooperation, in order to authorize more officious kidnappings, and that your lack of cooperation should have no consequences, while you have been caged and disappeared.
Where does this reasoning come from, when people who make it back to civilization have told us about conditions in the jails. We should think of it as the Bastille, and North Korea, not the Enlightenment.
This is not rectitude, because it is not restoring a nameable victim of calculable, material damages. There is no debt to society, at large. Or, demonstrably dangerous people should not be under catch-and-release.
Civil servants should have no more status than a theater usher, parking attendant, or retired person, at a tourist information booth. They should call upon an empowered citizenry, when they need help. Our tradition is against standing armies and praetorians.