Posted on 09/02/2004 2:18:39 PM PDT by max_rpf
Edited on 09/02/2004 4:26:19 PM PDT by Admin Moderator. [history]
"Do I want to revise the U.S. Constitution to allow temporary arrests with no due process? Not on your life."
You have said in a prior post that the 6th amendment gives the people the right to a speedy trial, yet you are arguing, not for a speedy trial, but for a speedy arraignment and putting a 2 day limit on that. That is extra-constitutional. The constitution only addresses from arrest or indictment to trial, and indicates that that must be speedy. There is no 2 day limit, nor is there any constitutional requirement regarding arrest to arraignment time frame.
What is even scarier than the fact that you believe this is that you seem to think it would be a good thing.
"So, you think the Constitution allows the state to jail citizens without charging them?"
Do you know what an indictment is? I did use that word in my reply.
"Go back to school."
That is not worthy of my response.
"What is even scarier than the fact that you believe this is that you seem to think it would be a good thing."
I never said that. You are the one who just got caught spinning the constitution your way and you are trying to divert that to me. It is not going to work.
Yes, I do know what an indictment is. Do you? It is the formal written accusation of a crime. And the due process requirements of the Consitution require an indictment or an arraignment - the alternative method of a formal charge - within a short time after a person is taken into custody. The specific time frame does differ from state to state, and in NY the presumptive time frame is 24 hours. Sorry you don't think that citizens who are jailed have the right to be formally charged, but that is what the law of this country requires. I think it is a good thing. Your resistance to the concept indicates that you think otherwise.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.