Here's the best Carmen rear view I could find on short notice:
Posted on 04/22/2013 4:21:10 PM PDT by honestabe010
#1 Eric Holder needs to be fired #2 Love these so called conservatives and proponents of "limited government" that support the violation of the 5th Amendment in the case of the Boston bomber because these are "special circumstances" don't you know?
Public Safety exception? They arrest him and then tell the public that there is no remaining threat. However, they want to tell us the public is in imminent danger? This is bullshit and opens the door to government stripping our 5th amendment rights whenever they please. Also, it may keep the man from getting the federal death penalty due to the fact you must prove intent, and much of what has been gathered from his statements without properly mirandizing him may be thrown out, I will say likely will be.
Am I weird and respect our country's founding principles and the due process of law too much?
I tend to agree with you. Amazing isn’t it? And sad. So very sad.
that should have been ‘was Mirandized’
“I just went thru my pocket constitution and I couldn’t find “Miranda” anywere in it. Is it in fine print that I couldn’t read?” You won’t find it there as you know. But the court decision requiring the admonishment of the rights contained within the Miranda statement arose from the idea that the defendant in the case was unaware he had those rights when he gave answers to questions asked of him. Thus law officers are required to educate an ignorant public before the answers to questions asked may be used as evidence at trial.
I am not a lawyer but my understanding is they won’t be able to use information they got before they mirandize. Miranda does not grant you any rights. You have the right to remain silent anyway. It only makes sure you understand that.
Not exactly. It makes sure you have been "officially" notified about it.
True. The underlying right is there though. It would be hard to believe that anyone who watched much TV had never heard that before. If you get busted don’t spill your guts.
Exactly.
They had enough on him already, they don’t need to rely on anything he says...
If there is any mistake here, it’s him answering even one single question without having been Mirandized.
I love so called “conservatives” rising to the defense of a so called “constitutional right” fabricated by an anti-Constitution leftwing activist “Supreme Court.”
How much farther from the intent of the founding fathers and the meaning of the Constitution can you get than the Earl Warren Court?
Impeach Earl Warren!
(and traitor Roberts too!)
Here's the best Carmen rear view I could find on short notice:
It doesn’t matter now. The Judge - in the hearing today, at the guy’s hospital bed - read him his Miranda rights. And the guy’s lawyer was there, too. So, the Miranda rights have been read, and he’s already got a lawyer!
It might have been a bit late, but the judge at his hearing (at the side of his hospital bed) read him his Miranda rights. So, that’s been done now. It shouldn’t be a topic for discussion any more, because “it’s been done”. I don’t know why people are still talking about it.
Oh ... and by the way, the guy already has a lawyer - as the lawyer was at the hearing in the hospital today.
Miranda is not in the constitution. Treason is. And acts of war against Americans are not exempt as acts of war because the battleground is the USA. You want unconstitutional? Try this. Killing a 16 year old American citizen with a drone because his father was a mook. Now mind you the 16 year old had committed no crime and was not on any agency want list. You see thedifference here?
Well, for one thing ... he couldn’t “say” anything ... LOL ... because he was shot in the throat (or something happened). In any case, “he wasn’t talking” - so nothing is going to get ‘thrown out’ that he said, because he couldn’t say anything (that’s really kinda funny, in light of all this discussion about Miranda rights).
BUT FURTHERMORE ... he doesn’t have to say anything - and it wouldn’t matter if he did say something - because the prosecutors have got all they need to convict him right now - without him saying a word.
And then, finally, the Judge today, read him his Miranda rights, as his bedside in the hospital - so the whole issue is done and over with - anyway.
The judge read him his Miranda rights today in the hospital. It’s done!
Judicial treason!! ;-)
LOL ...
Thanks for the update.
Some additional information ... at the hearing the Federal prosecutors have no charge for the killing of the MIT Policeman. I guess they are going to leave that to the locals and for another case, when this one is through.
The issue of bail was brought up but the defendant’s lawyer waived any talking about bail until the next hearing. The next hearing will be for “Probable Cause” (I guess this was the arraignment). It will be May 6th (if I remember correctly). They will show probable cause in order to proceed. That’s not too hard in this case, so it will be merely a formality.
Maybe at that next hearing they’ll discuss bail, but I would imagine that the prosecutor will make a good case for no bail ... :-)
And the defendant’s attorney said (in relation to the bail) that they would waive any consideration of being “in custody” - and “without prejudice” until the next hearing.
Also, custody was transferred over to the US Marshall, from (I guess) the FBI and agents).
He couldn’t talk and it was indicated, at the hearing, that he was showing a yes or no - apparently by head movement.
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