Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Crackingham
Alito agreed that, as in the Miranda case that came before the U.S. Supreme Court in 2002, a precedent-setting case should be upheld because it has become part of national culture even though the roots of that case might be built on shaky constitutional footing

The downfall of the Republic.

19 posted on 11/17/2005 4:20:48 PM PST by Sir Gawain
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Sir Gawain

At least Miranda has some contitutional underpinning.

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

" nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;" U.S. Constitution 5th Amendment.

"In all criminal prosecutions the accused shall enjoy the right....to have the Assistance of Counsel for his defence." U.S. Constitution 6th Amendment.


43 posted on 11/18/2005 2:14:34 AM PST by tort_feasor (FreeRepublic.com - Tommorrow's News, Today)
[ Post Reply | Private Reply | To 19 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson