Machine Central Notification to US Law Enforcement Agencies

June 23, 2003

How to use the Recent Supreme Court Ruling
to Legally Increase Pressure on Suspects

As you know, the US Supreme Court recently ruled 5-4 in favor of overturning the infamous “Miranda” ruling of 1966. Oxnard, California, with the support of the Federal Government, appealed a case to the Supreme Court, arguing that

The Fifth Amendment protection against self-incrimination applies only at a criminal trial and the 14th Amendment guarantee of due process of law is violated only if the questioning of a suspect is so excessive that it “shocks the conscience” of the community. — Attorneys for Oxnard, CA, reported by the Associated Press

Thus we have the tools we need to increase surveillance and control of suspects. However, law enforcement agencies must be careful not to abuse those tools or risk ruining them for other jurisdictions. The key is that as long as your actions in questioning a suspect do not shock the conscience of your community, they are legal. A policeman in East LA is working in a situation where suspects are routinely beaten during questioning, and since such actions do not shock that community, they are completely legal. However, an officer from that district who transfers to, say, Simi Valley, must adjust his techniques for the more tranquil mood. Suspects in Simi Valley are generally more easily subdued and that community is more easily outraged at the mistreatment of its suspects by the police. More prudent measures are called for.

However, in either extreme, law enforcement agencies are directed to steadily increase the severity of tactics used to control populations of suspects. About once a year, it is permissible and useful to go out of bounds in dealing with a suspect. This accomplishes two purposes. First, the resulting commentary in the general suspect press will give the agency an indication of how far it has crossed the line. Second, continual mistreatment, as long as it does not occur too often, will inevitably raise the bar on what the suspect community finds shocking. Note, however, that crossing the line too often will lead to political difficulties: your office may be formally asked to review its policies and procedures and subject you to other scrutiny from suspect organizations.

The Supreme Court ruling must be hailed as a landmark achievement in controlling suspect populations both individually and in foreseen mob actions. Its built-in ratchet mechanism is one which law enforcement agencies should implement carefully. Suspect organizations such as the ACLU must be closely monitored and threats to law enforcement's authority must be contained.

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