Dear Editor,
Recently, I was asked what I meant by the term “case law”. Actually, it is another way of saying judge made law. More specifically it is law made by appellate court justices. One of the most well-known types of case law was made in the Miranda case which originated in Arizona in the mid 1960s. In this case the U.S. Supreme handed down what is now known as the Miranda warnings which must be given to people suspected of a crime. Any government officials such as policemen, FBI agents and others investigating a crime are supposed to advise the accused of these Miranda rights.
In my Opinion, these Miranda warnings are designed to help protect the government officials investigating a crime more than it was designed for protecting those accused of a crime. To really assure liberty and justice for all, those accused of a crime should be told the whole truth regarding their situation in the criminal justice system. The first thing they should be told is that any police or other government officials involved in asking them questions are allowed to lie to them. Secondly, the accused should be told that if they lie to the investigating government officials, they can be charged with a crime even though they are really not involved with the target crime. I believe if those accused of a crime are informed of these things before, they are told that they can remain silent, the Miranda warnings would probably be much more effective in assuring liberty and Justice for all.
Dr. W. David Herbert ESQ
Billings, MT.
