Posted on 04/20/2013 10:30:05 AM PDT by Mean Daddy
WASHINGTON — The Obama administration’s announcement that it would question the Boston Marathon bombing suspect for a period without first reading him the Miranda warning of his right to remain silent and have a lawyer present has revived a constitutionally charged debate over the handling of terrorism cases in the criminal justice system.
The administration’s effort to stretch a gap in the Miranda rule for questioning about immediate threats to public safety has alarmed advocates of individual rights.
(Excerpt) Read more at nytimes.com ...
It wasn’t Obama’s call. In fact I’m betting someone is trying to ‘splain it to him right now.
When the underwear bomber was arrested in Detroit..when he failed to blow up the plane...he wasn’t a US citizen, yet IIRC he was given Miranda rights..Obama has some ‘splainin’ to do.
So a kid who grew up watching American TV shows and movies is unaware of his Miranda rights?
He got the same “public safety” delay before getting Mirandized.
Just a thought, but if the police are normally required to remind people of their Miranda rights, shouldn't they be routinely reminding everyone of their Second Amendment rights as well?
Boston Police announcement I would like to hear:
"We believe the two murdering terrorists are in the area. Local citizens are reminded that almost all law abiding citizens have the right to keep and bear arms - a right that shall not be infringed. If you call 9-1-1, the police will arrive within five to ten minutes in this emergency, while a .45 ACP will arrive at over 1000 feet per minute. Do the math."
Thanks..I don’t recall ever reading that..do you happen to have a link..or was the argument about why was a non US citizen even given a Miranda warning..
We have the leftist criminal friendly Earl Warren court to thank for the abominable Miranda requirement. Unfortunately, the punk terrorist wasn’t gunned down. Now the sub-human will enter the panty waist, criminal friendly criminal injustice system where he will be appointed a sleazy, morally challenged, defense attorney to whine on its behalf, where there will be endless frivolous motions and appeals filed for the next 30 or so years which might end in the sub-human’s death. I hope that when it gets to prison some convict kills it. And if I was on a jury for said convict I would acquit him of all charges.
Right ch'are! His handlers wanna' know if he has any proSaudi info that they can squash before they let their sock-puppet say anything. That's why our porcine and slightly overweight Mooch-elle visited the other muzzie in the hospital unannounced and unplanned.
First to get a payoff for letting the muzzie go, and then to line the Obambi pockets, and then to let the sock-puppet's handlers know what to write for the idiot to say on his teleprompter. All this while the goofus is playing golf.
Ain't it wonderful to have full-fledged enemies of the state swarming over our White House?
there's extreme exigent circumstances in play here that allow questioning about other possible bombs/accomplices and a strong possibility of more IED's planted around the city/risk of more deaths they can question within a restricted scope of those topics within a reasonable timeframe to determine if there are other explosives/accomplices about to bomb/attack, etc. if he talks about any other bombs/bombers they can ask about locations/types, etc. plus there's no constitutional requirement to Mirandize if they do not question him or the police do not intend to use anything he said against him in a court of law...
This will almost certainly mean the man will walk free.
(Ask any lawyer.)
The only way around this result (that I can imagine) is to try him (where I believe he should be tried) in a military court. Believe it or not (and it is difficult!) Senator McCain came out right on this issue (see today’s news stories).
Do as Obama wants and try these people in civilian courts and you can BET they will walk free, it is almost a certitude.
All I see is a deliberate opening for the perp to get off on a legal technicality: "What?! You didn't read him his rights?! Let him go!"
I would turn him upside down and pour water down his nose until he spilled his guts or friggin drowned.
People who do what he did need to be interrogated properly.
I'll give you my opinion here. Our rights our natural rights, therefore, given to all humans. So rights like protection from self-incrimination exist for citizen and non-citizen alike. In the case of Abdulmutallab or the case of Tsarnaev there is a reasonable belief that a crime (act of war?) is still ongoing so no Miranda right should even apply. This would be the same if a kidnapper is caught but the child is not found. That person should be questioned vigorously without any Miranda warning.
If he is not under arrest there is a loophole here. Anything he says can be used against him up until the moment he is arrested without being mirandized. After they arrest him then they will mirandize him. Any lawyer worth his salt will tell you to NEVER talk to the police or anyone for that matter if you might be accused of a crime.
He doesn’t need to be given Miranda rights unless they want to use what he says in court. Read below.
Tsarnaev and Miranda Rights
http://www.volokh.com/2013/04/20/tsarnaev-and-miranda-rights/
Miranda does not grant any right. Persons have the inherent right to silence (self incrimination) and legal representation, it does not need to be granted to them by government.
The courts have held that information obtained from individuals not informed of their rights may not be used as evidence at trial. Exceptions are the “Public Safety” exception being discussed now and the rules that apply to Military Tribunals that do not include Miranda.
The Public Safety exception can be challenged in court. While the Supreme Court has ruled that such an exception is valid, it’s not clear how that rule would be applied in this case. This represents a risk to the prosecution.
Obama/Holder are never going to turn this over to a military tribunal, they have made it clear that they are not going to let any tribunals go forward, so I don’t think we’ll see that here. MAJ Hassan, who is certainly subject to the UCMJ for his crimes has yet to face Court Martial. What are they waiting for? I think that the answer is that a Court Martial will not suit their political narrative. The same tactic may be at play here. If they make deliberate errors, they may poison the case and either delay or avoid a trial that puts Islamic Terrorism in the dock. I don’t think that they want the American people to see that unfold. The political games have begun.
I think you made a typo. 1K fpm = 16.7 fps.
The left has completely confused the issue here.
The purpose of a Miranda warning is so that statements by a suspect after taken into custody can be used against that suspect.
In this case... the prosecution does not need any more evidence from the suspect. Thus, so long as the prosecution understands that they may not be able to use any such statements, they should feel free to question him without a warning and without an attorney.
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