Posted on 04/25/2013 5:50:27 AM PDT by servo1969
Thanks to the "Public Safety Exception" to Miranda (which was created in 1980), the government is not forced to choose between treating a suspect as an enemy combatant or immediately allowing said suspect to hide behind an attorney and the right to remain silent. In extraordinary circumstances, when a suspect is believed to be part of a broader conspiracy that might result in the loss of innocent life, authorities have 48 hours to question the suspect before mirandizing him.
Dzokhar Tsarnaev, the man suspected of being a co-conspirator in the Boston Marathon bombings, was mirandized after only 16 hours of questioning. According to a Fox News, FBI officials were "stunned" when federal District Court Judge Marianne Bowler arrived at the hospital and read Tsnarnaev his rights. Sources told Fox News that this premature action might have hurt the investigation.
Apparently, prior to Judge Bowler reading him his rights, Tsarnaev was cooperating with investigators. The arrival of public defenders and the Justice Department, though, compromised the interrogation and now the belief is that "valuable intelligence may have been sacrificed as a result."
(Excerpt) Read more at breitbart.com ...
Is it normal for judges to personally deliver Miranda rights and bring public defenders with them?
Strange.
You say that like that would be a bad thing.
My other thought is this.... Well, liberal dumb-ass Boston Massachusetts, you will now see liberal political correctness & fawning & pandering to muzzies played out to its' maximum extreme. Here you have a terrorist muzlim bomber who's killed 3 people & maimed & injured over 170 others, and the politically correct liberal Gestapo will do everything possible to protect this muzlim terrorist bastard with full rights & taxpayer money. Way to go, you liberal retards!!!
U.S.-UAE Judicial Exchange
March 8-10, 2011
The Consulate General, in association with the U.S. Patent and Trademarks Office, sponsored 3 U.S. federal judges for a series of workshops in the UAE. Judge Ronald Lew of the Central District of California, Judge Joanna Seybert of the Eastern District of New York, and Marianne Bowler of the District of Massachusetts. During their time in the UAE, the judges helped conduct a legal seminar on intellectual property rights at the UAE Institute of Training and Judicial Studies in Sharjah.
The judges also visited the DIFC Courts and then participated in a judicial roundtable with the Dubai Courts, where they were joined by Consul General Justin Siberell. The roundtable consisted of a mutually-rewarding exchange of judicial best practices and information about the respective legal systems of both nations. The U.S. judges were particularly impressed by Dubai Courts innovative use of technology and world-renowned case management system.
Thank you penelopesire for the ping. Not sure if I feel more like crying or laughing. So out of control. I have much to read.
Alan Dershowitz agrees...
Dershowitz insisted that authorities would come to regret not reading Tsarnaev his Miranda rights, partly because there was never any basis for the public safety exception, but, more significantly, because they may have blown their chances of getting a death penalty conviction. Why? Because theyll need to be terrorist intentions, but the information they get may not be admissible in court.
This whole thing is confusing, to say the least.
This was a ticking clock example.
This was probably an antideathpenalty judge who did not want the defendant giving away negotiating points.
Never mind rules of evidence would ultimatly apply.
Perhaps now the judge should recuse as being biased. Both the appointed magistrate (not for life) and/or supervising judge (life appointment)
“A Magistrate judge is NOT an Article III judge. This is unConstitutional as well as an obstruction of justice.”
God save our country.
The list, Ping
Let me know if you would like to be on or off the ping list
Bump for this important story.
Here’s more:
***Dzhokhar Tsarnaev immediately stopped talking after a magistrate judge and a representative from the U.S. Attorney’s office entered his hospital room and gave him his Miranda warning***
I first thought that this was an out of control judge who did this. But Eric Holder is the one who is behind it.
Time has not run out as yet. The future holds many surprises for these commie oafs.
Yep, I saw this news last night.
Outrageous!
Here’s another terrorist - one of the ‘domestic’ types the MSM is always talking about... except he’s a leftist - influenced by the Southern Poverty Law Center. He wanted to kill and stuff Chick fil A in the mouths of his victims:
A Magistrate judge is NOT an Article III judge. This is unConstitutional as well as an obstruction of justice.
Per nbcbayarea.com:
Dzhokhar Tsarnaev immediately stopped talking after a magistrate judge and a representative from the U.S. Attorneys office entered his hospital room and gave him his Miranda warning
Obozos henchman, Holder, is the one who ordered this.
See also these posts for more information of interest about this magistrate judges close, cozy ties to the United Arab Emirates.
...”So the Judge just shows up at the hospital?? Who sent her”....
I understood their were members of the Justice Dept. ‘with’ her as well and other officials...
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