Shane D.

McCormick
Debate Outline
May 22, 2010

Negative Constructive

I. Resolution:
The Miranda Warning Act should be waived for all known of suspected terrorists
who commit acts of terrorism against all American citizens, military or civilian.

Define: The Miranda Warning reads:

“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.”

II. Need:
A. Problem-
B. Depth-
C. Degree, extent of harm

The Miranda warning is necessary to provide protection against the possibility of

aggressive interrogation tactics by police of other law enforcement personnel.

III. Plan/Solution:
A. Without the Miranda warning, officials can withhold a suspects rights, creating
a possible countersuit which the suspect would likely win. In the case of
Miranda v. Arizona in 1964, the trial of Ernesto Miranda, he was convicted of
a crime sentenced 20 to 30 years with the statement he wrote unaware of his
rights. This ruling was overthrown by the Supreme Court after an appeal by
his lawyers on the grounds of self-incrimination rights.

B. Interrogating an American suspect without reading them the Miranda warning

is an infringement of their rights according to the U.S. Constitution; their right
to counsel and security of self-incrimination.

Fifth Amendment rights: 'No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except
in cases arising in the land or naval forces, or in the Militia, when in actual service in
time of War or public danger; nor shall any person be subject for the same offence to be
twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use without just compensation.'

-…shall not…be a witness against himself…-

-…due process of law…”
 C.

IV. Solvency:
A. A current exception to the Miranda warning is if a captured suspect has
information of an immediate danger to the public.

Define: Immediate is defined as pertaining to the present time or moment.

B.

V. Advantages:

VI. Alternative:
For anyone classified as a terrorist, the Miranda warning can be delayed up to but
not exceed 48 hours from the time the suspect is detained. This gives Federal
Agents the critical time needed to use the information provided by the suspect in
the prevention of further acts of terrorism.

Define: Detained is the non-consensual temporary denial of liberty. A police officer must have
"reasonable suspicion" that

1. you are about to commit a crime

2. you are in the act of committing a crime, or
3. you have committed a crime

Counter Argument:
.
The Miranda also helps law enforcement officials in securing useable evidence
against a suspect.

- abolish Miranda warning rights for anyone deemed a terrorist

Fifth Amendment rights: 'No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or
in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for
the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to
be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use without just compensation.'

-…shall not…be a witness against himself…-

-…due process of law…”

To provide protection against the possibility of aggressive interrogation by police.

Sixth Amendment rights: In all criminal prosecutions, the accused shall enjoy the right to a speedy
and public trial, by an impartial jury of the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel for his defense.

-…right to a speedy and public trial…-

-…of the State and district wherein the crime…[was]…committed…-

Miranda v. Arizona (1966) – intimidating interrogation by police

Escobedo v. Illinois (1964) – denied counsel

Citations

Koles, Burke & Bustillo, L.L.P., Law Firm,

http://www.kbblawfirm.com/aop/constitutional-rights/

http://www.mirandawarning.org/historyofmirandawarning.html

http://www.usconstitution.net/const.html#Am6

http://www.usconstitution.net/miranda.html

http://www.oyez.org/cases/1960-1969/1965/1965_759

Ken LaMance, Attorney at law

http://www.legalmatch.com/law-library/article/miranda-lawyers.html

http://dictionary.reference.com/browse/immediate

Miranda G. Capra, 2005

http://www.thecapras.org/mcapra/miranda/rights.html

http://wiki.answers.com/Q/What_is_the_definition_of_being_detained_by_a_police_offi
cer