Was Miranda a blatant example of legislation by the Supreme Court or not?
Does the Constitution really require the police to advise you of your constitutional rights by telling you everything in the Miranda Warning before “anything can and will be used against you”?
Is that what the framers intended? Or is that some legislation introduced and passed by an unelected 9 member legislative body with no authority to do so?
Can you please answer my questions?
Because I am not a lawyer, and therefore have not studied the history of the Miranda warning extensively, I can only offer my observations and some opinion:
Miranda was spurred by the in-the-moment use of police tactics that obscured the right to avoid self-incrimination. By not arresting a subject, and putting them under intensive questioning, the police elicited confessions or incriminating statements which were subsequently used to convict the individual.
You asked me a black and white question based on a very gray premise - that the police tactics were within the intent of the constitution. The question you asked is not fully answerable, as formulated. I am quite certain that this is by your design.
The Miranda rule, therefore, was a strictly defined guard against police interference with the right to avoid self-incrimination. It was a reaction to what was deemed an overreach by the authorities that specifically violated the defendant’s right to not self-incriminate.
It was a restriction placed on the government to enforce upholding an inalienable right of the individual.
So, given this understanding of the root of the problem addressed, and given that it is a restriction on the government (and not the people), Miranda should not be considered a “blatant example of legislation by the Supreme Court”.
If you wish to discount my opinion, please identify another viable remedy for government misconduct in forcing the self-incrimination of a subject (whether because the subject was unaware of their rights or was coerced into waiving them).
Also, please identify why legislation is specifically required to enforce the right against self-incrimination already enshrined in the highest law of the land - the Constitution.