Obama wants to end 23-year-old Michigan vs Jackson(defendants right to lawyer before questioning)

Hot Air ^ | 25 APR 2009 | Ed Morrissey

[Las Vegas Ron]

....and you become a felon for resisting a vaccine the government says you have to take.

I have a feeling I am going to be put in a "put up or shut up" position in my lifetime...better dead then red, IMHO.

Oh and Janet, if you are reading this, ESAD

[Bush Revolution]

Still reading...

[PapaBear3625]

Yes, but if you wanted an attorney present for questioning it would take away that right. Yes, everyone gets a lawyer in court, but they should also have one during questioning if they so desire. Why do you think it’s a good idea to overturn it?

Best approach if you are arrested is to stay completely mute except for "I wish my attorney present", "I need to go to the rest room", and "I'm hungry/thirsty. I wish food/drink".

Nothing not on the above list should come out of your mouth.

[HiTech RedNeck]

The system already depends on people being ignorant. If everybody knew about, e.g., the Fully Informed Jury Association (even if they quite disagreed with its position) that would leave some trials juryless for lack of “eligible” people! (If you recognized the name of the founder of FIJA you were disqualified from jury service.)

[PapaBear3625]

You would want the subject to be kept ignorant of this if he already was.

Criminals are already intimately aware of their rights. They spend a lot of time chatting amongst themselves how to beat an arrest. It's the middle-class guy arrested for the first time who needs this.

[NinoFan]

You really miss the point. He said it was a cert petition. Cert petitions by therir very nature are one-sided. It doesn’t take much expertise to realize that. Far more interesting is the specific legal question at hand. Also, hate is a strong word. Rehnquist respected it as precedent. Do you really think he’d have been in the majority back when Miranda was decided? Scalia often backed rights even when Rehnquist wouldn’t. Apprendi, for example.

[ProtectOurFreedom]

The easier to disappear you, my little sweeties.

[HiTech RedNeck]

“[L]ikely to be” says you’re currently talking out your anus.

[HiTech RedNeck]

Yes, the opposition to the rule seems to be aimed at the wrong alleged miscreants.

[Bush Revolution]

I'm trying to find this video I saw a few months back about a former prosecutor stating that you should always remain silent.

[Panzerlied]

“She and Napolitano, a match made in Heaven. Together, 450+ lbs. of fun in the off hours.”

Oh the horror! The HORROR!

[NinoFan]

Not really, I just worded it poorly. Cert petitions are not unbiased.

Anyway, again, it’s the legal question that is interesting. You can have the most horrible set of facts imaginable, but it’s ultimately the Constitution that matters. For example, if the Constitution did not contain the 8th amendment, then there’d be nothing constitutionally wrong with the convicted being torn limb from limb. That’s the originalist point of view. Saying that something is constitutional is not the same as saying it’s moral or the right decision.

[PapaBear3625]

youtube: Don't talk to police Part 1

[NinoFan]

Out of curiosity, are you a libertarian?

[Jimmy Valentine]

"Is he looking to overturn Miranda too?"

Both the Miranda and Escobedo cases are relatively recent, circa 1968 or so. It would not surprise me if the Big Zero had his justice department go after both.

[GeronL]

lol

[Bush Revolution]

Thanks...I guess your better at research..he he

[mojitojoe]

Is it somehow bothering Mr Obama?
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Of course it’s problematic for the Kenyan Commie bast*rd

[Las Vegas Ron]

If it were any one else, I probably wouldn't question the motive so much.

As long as the 5th stands, both decisions were pretty much redundant and meant for ignorant people to be informed of their rights, IIRC.

Myself, I am sick and tired of ignorant, complacent citizens and believe the mess we are in is largely their fault. That's also why when FReepers post "elections have consequences" kind of grates on me, maybe I just take it the wrong way though.

[mojitojoe]

What if Bush did it?

My guess is that many BushBots would be praising Bush if he were to of done the same thing.
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BS, if Bush did it I would say the exact same thing and think he had lost his mind.