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To: Yogafist

Our constitution was written for an informed populace.


Yes indeed, it was. But as written it didn’t apply to most arrests conducted on the state and local levels since the US Constitution only applied to the Federal Government and there didn’t used to be that many Federal crimes.

As to the idea that everyone should know “...you have the right to remain silent...” —you are right, but was that warning universally given before Miranda?

As I said, the Brits have given that warning for a long time and their legal system is the parent of ours. Maybe the idea goes back to common law or the Magna Carta.


19 posted on 10/20/2016 2:23:00 PM PDT by hanamizu
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To: hanamizu

I don’t have any problem with the idea of Miranda, my comment was mostly directed to the idea revisiting Miranda is judicial activism, in fact, Miranda is Judicial activism. The courts legislated the admonishment requirement. The last time the courts visited Miranda, many court watchers believed they were going to throw it out, but they kept it, and limited it. This is something the states should have established by legislation. Even before Miranda, courts could toss statements if they thought they were obtained while in violation of the Fifth Amendment.


20 posted on 10/20/2016 2:44:47 PM PDT by Yogafist
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