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The Sixth Amendment Under Attack
http://soitgoesinshreveport.blogspot.com/2009/04/sixth-amendment-under-attack.html ^ | 04/25/09 | Pat Austin

Posted on 04/25/2009 11:11:30 AM PDT by paustin110

The Obama administration is asking the Supreme Court to overrule the 1986 Michigan v. Jackson decision in which the Supreme Court said that police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present. I can't believe the left isn't coming unglued on this one, or the ACLU for that matter. I'm betting that they will.

The left-wing Southern Poverty Law Center has weighed in: Stephen Bright, a lawyer who works with poor defendants at the Southern Centre for Human Rights in Atlanta, described the administration's position as "disappointing - no question".

(Excerpt) Read more at soitgoesinshreveport.blogspot.com ...


TOPICS: Government; Politics; Society
KEYWORDS: 6thamendment; constitution; law; michigan; obama; supremecourt
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1 posted on 04/25/2009 11:11:30 AM PDT by paustin110
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To: paustin110

he called them “negative rights”. I guess he wants to undo all of them.


2 posted on 04/25/2009 11:15:42 AM PDT by GeronL (TYRANNY SENTINEL. http://tyrannysentinel.blogspot.com LIBERTY FICTION at libertyfic.proboards.com)
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To: paustin110
So, as a potential 'defendant', I keep my mouth shut until my attorney is present.

People should learn that the police are not our friends.

3 posted on 04/25/2009 11:18:40 AM PDT by ex91B10
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To: GeronL; paustin110; Lorianne; Myrddin; reaganaut1; D-fendr; dalereed; GOPJ; TigerLikesRooster; ...
One must always ask ....Why is Obama doing this....

Speculation...this is a real impediment if masses of people were rounded up...might run out of lawyers very rapidly!...ha!

This really sets off my alarm bells....

4 posted on 04/25/2009 11:22:20 AM PDT by Ernest_at_the_Beach (Support Geert Wilders)
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To: paustin110
Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

It would be nice if individuals had the backbone to tell police interrogators where to go if the accused wanted a lawyer and the police tried questioning without the lawyer present. Unfortunately, this right becomes less meaningful if stupid suspects can be intimidated into answering questions without their lawyer being present. One downside is that dumb people can become confused and make incriminating statements that will lead to wrongful convictions. Thugs should be locked up forever, but it's nice if the ones we lock up are the guilty thugs.

I'm surprised that this is an issue. As much as I despise Obama and anyone sleazy enough to work in his neosocialist administration, I'm surprised that even Obama would get this one wrong. I expected him to dismatle other parts of our basic freedoms first, since I foolishly thought he might value at least the Fifth and Sixth Amendments. Silly me; the only thing the druggie in our White House values is power over others.

5 posted on 04/25/2009 11:25:11 AM PDT by TurtleUp (Turtle up: cancel optional spending until 2012, and boycott TARP/stimulus companies forever!)
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To: ex91B10

“People should learn that the police are not our friends.”

http://video.google.com/videoplay?docid=-4097602514885833865

James Duane explains why innocent people should never talk to the police.


6 posted on 04/25/2009 11:27:33 AM PDT by MyTwoCopperCoins (I don't have a license to kill; I have a learner's permit.)
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To: TurtleUp
I expected him to dismatle other parts of our basic freedoms first, since I foolishly thought he might value at least the Fifth and Sixth Amendments.

Actually, this makes perfect sense. Make it easier to prosecute and convict law-abiding citizens first, and then you'll have additional power to keep them quiet (or locked up) when you take the other rights...

Elimination of the fifth and sixth amendments is pretty key to allow full-on Governmental coercion to sacrifice your other rights!

7 posted on 04/25/2009 11:28:53 AM PDT by PugetSoundSoldier (Indignation over the sting of truth is the defense of the indefensible)
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To: Ernest_at_the_Beach

Mine,too. It’s as if there is an order they have to follow to take out our country...and the Marxists ARE doing it.

12 Step Destroy the U.S. Plan


8 posted on 04/25/2009 11:31:03 AM PDT by madison10
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To: PugetSoundSoldier
Elimination of the fifth and sixth amendments is pretty key to allow full-on Governmental coercion to sacrifice your other rights!

True, but I expected better tactics from our neosocialist master. I thought he would go for the Second Amendment and the First Amendment before disassembling the rights that his followers value. Apparently, he's going after the entire Bill of Rights, ignoring even those ACLU liberals who believe in sections of our founding documents. I thought Obama was just evil; it's a relief to know that he's stupid too.

9 posted on 04/25/2009 11:36:59 AM PDT by TurtleUp (Turtle up: cancel optional spending until 2012, and boycott TARP/stimulus companies forever!)
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To: paustin110

Add Article I, section 9 of the U.S. Constitution which says that the federal government is prohibited from passing ex post facto laws.

We are beginning to see an assult on our Constitution on a level that is frightening.


10 posted on 04/25/2009 11:44:44 AM PDT by jonrick46 (The Obama Administration is a blueprint for Fabian Socialism.)
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To: jonrick46

>Add Article I, section 9 of the U.S. Constitution which says that the federal government is prohibited from passing ex post facto laws.

That the retroactive AIG Bonus Taxation _DIDN’T_ cause open revolt, on that basis alone, is disturbing.

I’m enlisted, meaning I swore to uphold/defend the Constitution from foreign and domestic enemies; answer this question: when does government become a domestic enemy?


11 posted on 04/25/2009 12:09:38 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: paustin110

Leftists won’t come “unglued” as long as they are the ones doing the “questioning.” Remember, the principle attribute of a leftist is hypocrisy!


12 posted on 04/25/2009 12:28:22 PM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: Ernest_at_the_Beach
This really sets off my alarm bells....

Martial Law?


(Just an aside, Ernest. I had the best breakfast of my life in the middle of the night on an empty highway at a tiny road stop diner in the middle of Kansas. And the price was right too.....$1.)
13 posted on 04/25/2009 12:39:09 PM PDT by BIGLOOK (Keelhaul Congress! It's the sensible solution to restore Command to the People.)
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To: paustin110
The left-wing Southern Poverty Law Center has weighed in: Stephen Bright, a lawyer who works with poor defendants at the Southern Centre for Human Rights in Atlanta, described the administration's position as "disappointing - no question".

How's that Hopey Changey going for you now, libtard? BTW, your phone is tapped.

14 posted on 04/25/2009 12:39:31 PM PDT by TigersEye (Cloward-Piven Strategy)
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To: paustin110
The Government's Argument:

“Although the Sixth Amendment affords criminal defendants a right to counsel at certain critical pre-trial stages, the Amendment should not prevent a criminal defendant from waiving that right and answering questions from police following assertion of that right at arraignment."

So as its stands now, a criminal defendant, after requesting an attorney, cannot be questioned without the attorney present, even if the defendant agrees to the questioning.

15 posted on 04/25/2009 12:43:32 PM PDT by Doe Eyes
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To: Ernest_at_the_Beach

And why isn’t the ACLU all over this?

Because the targets of this deprivation of rights are conservatives.

The ACLU is simply a Marxist front group, and everything they do has the goal of undermining our republic.


16 posted on 04/25/2009 12:46:15 PM PDT by MrB (Go Galt now, Bowman later)
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To: TurtleUp

Are you saying that you’re surprised because this affects the least educated most of all? Such as those who live in the inner cities?


17 posted on 04/25/2009 12:48:33 PM PDT by TigersEye (Cloward-Piven Strategy)
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To: Ernest_at_the_Beach

They continue to test the waters to see what they will be able to change to suit a socialist controlled state.


18 posted on 04/25/2009 1:00:03 PM PDT by Marine_Uncle (I still believe Duncan Hunter would have been the best solution... during this interim in time....)
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To: TigersEye
Are you saying that you’re surprised because this affects the least educated most of all? Such as those who live in the inner cities?

Exactly. I thought Obama would come for his own supporters last. I underestimated his lust for power (although married to Michelle, I can see why he would direct his urges in the direction of attaining power).

19 posted on 04/25/2009 1:27:56 PM PDT by TurtleUp (Turtle up: cancel optional spending until 2012, and boycott TARP/stimulus companies forever!)
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To: TurtleUp

I think he’s trying to bring this country to its knees. Economically, militarily, morally, Constitutionally. He has assaulted all of those pillars of our society already. He can’t rebuild it to the vision he has until it all crashes and burns.


20 posted on 04/25/2009 2:11:38 PM PDT by TigersEye (Cloward-Piven Strategy)
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