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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review March 6, 2012/ 12 Adar, 5772

Supreme Court Should End Miranda Warning

By Ed Koch




http://www.JewishWorldReview.com | The Miranda rule is probably the rule of law most well known by the American public. We have seen it applied in all the television police shows and discussed in cases that are covered by the media. Simply put, an arresting officer must upon the arrest advise the person now in custody they have the right to remain silent and the right to an attorney, and that anything they say may be used against them at trial. Further, if they are not able to afford an attorney, the state will provide one, free of charge.

The rule is the subject of constant debate with supporters and critics. The United States Supreme Court which imposed the rule and deemed it a constitutional protection, has made it clear that it will not repeal the rule because of its long application and the doctrine of stare decisis. It was imposed in 1966 in the case known as Miranda v. Arizona.

However, the United States Supreme Court has over the years reduced the affect of Miranda by defining the conditions of custody more narrowly. Law enforcement officials need not warn an individual being interrogated of Miranda rights while he or she is free to leave at any time. The U.S. Supreme Court has over the years reduced the situations under which the Miranda warnings are required to be given.

The New York Times in an editorial on March 6th opposed the weakening of the Miranda rule, stating, "The Supreme Court recently did significant damage to the Miranda rule, which requires that suspects in custody be told of their right to remain silent and to have a lawyer present, and that any statements they make could be used against them in criminal proceedings. Without these warnings, statements made are inadmissible as evidence, the court said in the 1966 case Miranda v. Arizona, because 'the very fact of custodial interrogation exacts a heavy toll on individual liberty, and trades on the weaknesses of individuals.' That is exactly the principle violated by the court's new ruling in Howes v. Fields. The case involved Randall Lee Fields, who was in jail in Michigan for disorderly conduct, was interrogated by sheriffs there and, based on what he said, was sentenced to 10 to 15 years in prison for a sex crime. The court's 6-to-3 majority opinion, written by Justice Samuel Alito Jr., said that Mr. Fields should not be considered in 'custody' for Miranda purposes because a person already in jail is not shocked and coercible as someone newly arrested might be; cannot be induced to speak in hopes of being released; and does not worry that a sentence will be lengthened if he does not cooperate. Mr. Fields was not threatened or physically restrained and 'was told at the outset of the interrogation, and reminded thereafter, that he was free to leave and could go back to his cell whenever he wanted,' Justice Alito wrote."

I have never understood why the Miranda rule was ever imposed by the U.S. Supreme Court. A significant number of people committing crimes want to confess their guilt. Why in the world do we want to inhibit them from doing so? Even where the Miranda warning is provided, there are large numbers of putative defendants who will proceed to confess their wrongdoing. Isn't that good? It certainly is good for society. Of course, if the confession is forcibly obtained - physical duress in any form - it should be excluded. But if voluntary, why not use it in the trial that follows? I have always believed the supporters of maintaining the rule do so because they believe it is unfair that because a smart criminal would never confess, whether or not they were warned under Miranda, we are taking advantage of the less intelligent or less informed criminal who gives in to the normal impulse that many people have, which is to get their guilt off their chest and confess to the comforting police officer who tells them their confession and cooperation could help them at sentencing.

But the uncovering of crimes and the use of confessions when obtained without physical force is helpful to our society. That is why the U.S. Supreme Court, while mindful of another concept - stare decisis - earlier court decisions be respected and applied - are whittling down the circumstances when the Miranda warning and stare decisis doctrine should apply.

Of course individual rights should be protected, but so should the right of society to be protected from criminals be a priority. In my judgment, with respect to Miranda, it should simply be dropped by the U.S. supreme Court, instead of the courts finding ways to limit its use.

I believe all police and district attorney interrogations of "persons of interest" relating to a criminal investigation should be videotaped if possible and when not possible, audiotaped.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JWR contributor Edward I. Koch, the former mayor of New York, can be heard on Bloomberg Radio (WBBR 1130 AM) every Sunday from 9-10 am . Comment by clicking here.

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