Miranda‘s not the real problem: This National Review commentator essentially says that upholding Miranda was no sweat off conservative Supreme Court Justices’ backs, because “… the police have learned to work with — and

to work around — Miranda. Delivering the Miranda warnings

is, these days, little practical impediment to procuring

confessions….As anyone who watches television police shows knows, people

who have been arrested have a right to remain silent and a right

to counsel; the Miranda warnings are meant to make sure that

they know about those rights. Since almost everybody watches

television — and since everyone who is arrested gets the

Miranda warnings — why do so many people confess

anyway?

Here’s why: Miranda warnings are often delivered

ritualistically, and in a perfunctory tone of voice — thus making

them appear bureaucratic and trivial. After hearing the Miranda

warning delivered in a perfunctory voice, many suspects opt to

talk to the police, in the foolish belief that they can convince the

police of their innocence.”