| The 1966 U.S. Supreme Court ruling in Miranda v. Arizona provided immediate rights to counsel and silence to criminal suspects in the federal and state criminal justice systems. Whether Miranda and other rights enshrined in the Bill of Rights are applicable in the current environment is open to debate. The focus for legal and scholarly concern must shift in part because the conventional constitutional analysis and intellectual modeling on which Miranda has been built is undergoing change in the face of the transnational terrorist threat. The challenge will be to ensure that Miranda still applies but is sufficiently flexible to address terrorist concerns.; In this project I examine enforcement, and its challenge in the current internal security environment. I identify shortfalls in the original Miranda ruling, examine whether modifications to the original Miranda ruling are appropriate, and discuss what the modification might entail relative to the protection of civil liberties. |
