76-12-B6
- Main Page \ Reagan Radio Commentaries \ 1977
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Miranda[edit]
Transcript[edit]Some years ago the United States Supreme Court ruled that a man named Miranda could not be convicted on his voluntary confession of rape and murder because his lawyer wasn't with him at the time, and he hadn't been advised by the police that he didn't have to say anything. He went free for a very brief time and then was back for committing the same kind of crime. Of course, no one could bring back the victims. Since that time, as we've seen in countless crime shows on television, the police must read an arrested individual his rights. QUOTE -- "You have the right to remain silent, etcetera," -- UNQUOTE. That's one line a lot of actors don't have to learn anymore, they've said it so often. In real life the "Miranda Decision" has resulted in some great miscarriages of justice, as suspects -- due to technical error -- have gone free even though there was overwhelming evidence of their guilt. Then the Supreme Court, under Chief Justice Burger, modified the ruling and a measure of common sense returned to the courtrooms of the land. Let me make it plain, we must preserve the rights of the accused. Indeed, that was one of the principles we fought a revolution to secure. But we must not forget government's obligation to protect the law-abiding. The "Miranda Decision" came back into the Supreme Court by way of Iowa a few weeks ago. Five Justices used it to grant a new trial to an escaped mental patient who had been convicted of rape and murder of a 10-year old girl on Christmas Eve in 1968. Chief Justice Burger and three of the Associate Justices vehemently dissented from their five colleagues but to no avail. So once again a confessed killer has, on a legal technicality, a chance to go free. Briefly here is the story. Little Pamela Powers, 10 years old, disappeared on Christmas Eve, 1968. Robert Williams was arrested in Davenport, Iowa and driven to Des Moines by the police. He was informed of his rights at least four different times, and had a lawyer present in Davenport where he said he would tell the whole story in Des Moines. On the auto trip, a detective who knew that Williams, in spite of his record of sex offenses also had a kind of religious quirk, mentioned the importance of giving the little girl a, "Christian burial". Actually, no one knew whether the missing girl was dead or alive. But the detective, who was guessing, mentioned the weather forecast of impending snow and how that would make finding her body difficult. Williams led the police to her body. It is true the police had promised he wouldn't be questioned during the ride. But was he questioned? A very intelligent detective made a couple of observations, one having to do with the weather. He should get a medal. But the Court's ruling was that Williams' lawyer should have been present. Now it remains to be seen if nine years later he can be convicted again. Or is there another victim fated to suffer as Pamela Powers did? We want, "one nation indivisible, with liberty and justice for all" -- including little girls who have a right to grow up and live happily -- if not forever, at least until they have become whatever God intended them to be. This is Ronald Reagan. Thanks for listening. |
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