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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.  

“Because of the restrictions, there are 28,000 fewer convictions for violent crimes, 79,000 fewer for property crimes and 500,000 fewer for other crimes each year.”

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.

“The professors say their research suggests that the reduced rate stems not from the warning about the right to remain silent, but from Miranda procedures that generally prevent police from questioning suspects in custody unless they agree to be questioned.”

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.

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.

“Many criminal cases, even when investigated by the best qualified police departments, are capable of solution only by means of an admission or confession from the guilty individual or upon the basis of information obtained from the questioning of other criminal suspects.”

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!

“The system isn’t geared to discover innocence or guilt — it’s geared to get people through the system as quickly and efficiently as possible,” says defense lawyer John Pollok.

Americans need more protection from the police not less.

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5 Responses to A professor’s 19 year crusade to end Miranda warnings because they’re “handcuffing the cops”

  1. Hawkeye says:

    What’s next? Waterboarding as a standard police interrogation procedure??

    • Enemy of the State says:

      Naaahhh they skipped right past that and just shoot you now

      “handcuffing the cops” they say this like its a bad thing

  2. BMF says:

    The whole point of Miranda warnings, and indeed the Bill of Rights, is to “handcuff the cops.”

    Of course the police could make more arrests and/or get more convictions (of even legitimate criminals) if they didn’t need to read people their rights, or could break into homes and search them without warrants, etc. But intelligent people will always strongly object to such a carte blanche for police. It gives the government too much power and inevitably leads to abuse of that power.

    This asshole professor needs to pick up a history book, learn why totalitarian regimes of the past are frowned upon, and understand why that sort of tyranny cannot be tolerated today.

    If guarding civil liberties means that some criminals get away, then that’s too bad, but it’s a much lesser evil than allowing government to become too powerful and unaccountable.

  3. kender says:

    The really tragic part of this charade is that this “professor” will probably never have the occasion to be on the receiving end of his own advice….

  4. # 1 NWO Hatr says:

    “The Court also claimed a prisoner could simply refuse to talk the police and go back to their cell without any repercussions.”

    Other than being beaten to a bloody pulp first.

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