- Harlan starts this subsection by pointing a finger at his own Supreme Court, and saying they're flat out wrong. He says that with any police questioning there's always some sort of pressure, and no warning of rights will change that.
- He then accuses SCOTUS of slowing down (or stopping entirely) the justice process with the Miranda Warning. Fewer confessions will lead to fewer jail sentences for people who deserve to be in jail, he says.
- A powerful line next: "…the Court is taking a real risk with society's welfare in imposing its new regime on the country. The social costs of crime are too great to call the new rules anything but a hazardous experimentation" (HarlanDissent.III.6).
- Essentially, letting criminals go is not worth the worry about whether our constitutional rights are protected. Intense.
- Another powerful line: "Society has always paid a stiff price for law and order […]" (HarlanDissent.III.7). Again, he's saying we must give up some rights to gain strong government protection.
- One last warning from Harlan: he says that the government has been changing quite a few rules in regard to police practices lately, and we have to be careful about changing too much too quickly or things could get out of control.