Suspect Was Not Read Miranda Rights

[Fargo]

What rights were violated? Who classified him an enemy combatant other than INGO theorists. What a tempest in a teapot. What does it have to do with Miranda?

I think Lindsey Graham and John McCain wanted him classifed as such, but I know of no such actual classification.

I don't know why someone in the DOJ was stupid enough to go tell the media "psst we aren't going to mirandize him".

Miranda is a funny little legal anomaly completely IMO without basis in the U.S. Constitution. Heck, go read Miranda; it does not claim the warning to to be a true constitutional precept. That doesn't happen until decades later when some U.S. Attorney tried to use the statutory exception that Congress had created.

Either way, there very well may have been a public safety exception actually present here but I don't really care because Miranda Warnings are IMO not a constitutional precept.

Best,


Joe

 

[CarmelHP]

It was in the news.
If he wasn't read Miranda, then his case takes a hit in civilian courts.
If we require Miranda, but make an exception when they deem necessary, what stops them from "determining" it is necessary more?

Since the Miranda decision wasn't until the '60's we must have lived under a military dictatorship from the founding until that time. Where "in the news" did anyone say he was declared an "enemy combatant?" Who is allowing "them" anything different than any other case? Just like ANY other case a court will decide admissibility. Stop with the goofy paranoid hysteria everybody based on misunderstanding the law and half baked news reports.

 

[level.eleven]

Orin Kerr breaks it down for the conspiracy crowd.

The Volokh Conspiracy » Tsarnaev and Miranda Rights

 

[actaeon277]

Since the Miranda decision wasn't until the '60's we must have lived under a military dictatorship from the founding until that time. Where "in the news" did anyone say he was declared an "enemy combatant?" Who is allowing "them" anything different than any other case? Just like ANY other case a court will decide admissibility. Stop with the goofy paranoid hysteria everybody based on misunderstanding the law and half baked news reports.

We have to go by law that is on the books. Miranda descision may be recent, but it is now case law.
What will people do if this guy is released because of it?
Has that not happened in the past.

We USED to go by the Articles of Confederation.
But the law of the land is now the Constitution.

We USED to not read Miranda.
But now we do.

 

[CarmelHP]

We have to go by law that is on the books. Miranda descision may be recent, but it is now case law.
What will people do if this guy is released because of it?
Has that not happened in the past.

We USED to go by the Articles of Confederation.
But the law of the land is now the Constitution.

We USED to not read Miranda.
But now we do.

Your belief is based on an erroneous understanding of Miranda gained from cop shows. What you're insisting Miranda requires HAS NEVER BEEN and IS NOT derived from "case law."

 

[mrjarrell]

Glenn Beck and a former DoJ prosecutor, (who worked the OKC bombing) seem to disagree with the government and a few of our resident ambulance chasers.

Former DOJ Attorney Says Gov’t Is Making a Mistake Not Reading Boston Suspect His Miranda Rights — What You Need to Know | Video | TheBlaze.com

 

[actaeon277]

Your belief is based on an erroneous understanding of Miranda gained from cop shows. What you're insisting Miranda requires HAS NEVER BEEN and IS NOT derived from "case law."

NYT: Debate Over Delaying of Mirand
Sometimes I read.

 

[CarmelHP]

Glenn Beck and a former DoJ prosecutor, (who worked the OKC bombing) seem to disagree with the government and a few of our resident ambulance chasers.

Former DOJ Attorney Says Gov’t Is Making a Mistake Not Reading Boston Suspect His Miranda Rights — What You Need to Know | Video | TheBlaze.com

How's it disagreeing? If they overstep the exception then it affects admissibility which might affect prosecution which contradicts the "ambulance chasers" exactly how?

 

[CarmelHP]

NYT: Debate Over Delaying of Mirand
Sometimes I read.

Reading has to be coupled with comprehension. I didn't see any ridiculous suggestions that the exception didn't exist or that it only being used because he's declared an "enemy combatant" or that it arose out of the PATRIOT Act like some here have contended. Discussing complex legal issues with INGO hystericals is the functional equivalent of teaching a pig to sing. Read the link that level.eleven posted, it's from the perspective of an actual Constitional lawyer undistilled through the hysteria of a reporter.

 

[Destro]

we really don't know what questions were asked to know if it even matters if Miranda was read

 

[IndyDave1776]

My first question would be if the, well, detainee, is coherent enough to know the difference at this point. After that, given that he is a citizen (bad judgment in allowing this to happen notwithstanding) I would expect the standard rules to apply, not out of sympathy but rather out of the knowledge that if such standards can be denied this individual, they can be denied to anyone else including and especially me.

 

[Destro]

My first question would be if the, well, detainee, is coherent enough to know the difference at this point. After that, given that he is a citizen (bad judgment in allowing this to happen notwithstanding) I would expect the standard rules to apply, not out of sympathy but rather out of the knowledge that if such standards can be denied this individual, they can be denied to anyone else including and especially me.

you could be arrested and not read Miranda, if the officer has no relevant questions, and you have nothing of substance to add, Miranda would not even be a factor

 

[jbombelli]

you could be arrested and not read Miranda, if the officer has no relevant questions, and you have nothing of substance to add, Miranda would not even be a factor

I was JUST going to ask ...

What if they don't ask him any questions? Does he still need to be informed?

 

[Destro]

I was JUST going to ask ...

What if they don't ask him any questions? Does he still need to be informed?

no, but it is usually common practice to mirandize those who are detained, it is not required

 

[Kirk Freeman]

If he wasn't read Miranda, then his case takes a hit in civilian courts.

Who is telling you this, or why do you believe this?

 

[Kirk Freeman]

you could be arrested and not read Miranda, if the officer has no relevant questions, and you have nothing of substance to add, Miranda would not even be a factor

From doing what I do for 18 years now, maybe 9 out of 10 defendants are not Mirandized.

 

[CarmelHP]

I was JUST going to ask ...

What if they don't ask him any questions? Does he still need to be informed?

I'll say this one last time then let the tide of ignorance roll unimpeded. He doesn't had to be advised AT ALL if they're not seeking admissable statements. That applies to ANY arrestee. This is not TV.

 

[jbombelli]

I'll say this one last time then let the tide of ignorance roll unimpeded. He doesn't had to be advised AT ALL if they're not seeking admissable statements. That applies to ANY arrestee. This is not TV.

pssst... I know that. The question was rhetorical.

Now, let me ask another question.

Does he still need to be advised of his rights if they didn't ask him any questions?

 

[CarmelHP]

From doing what I do for 18 years now, maybe 9 out of 10 defendants are not Mirandized.

Dammit, Kirk, training and experience has nothing to do with this. If you can't come up with some hysterical posturing then you have nothing to contribute.

 

[IndyDave1776]

you could be arrested and not read Miranda, if the officer has no relevant questions, and you have nothing of substance to add, Miranda would not even be a factor

Exactly. My concern was the argument as from a certain congressman that the Miranda warning along with observance of the rights which it advises the suspect to exist should not be honored at all.

It definitely becomes a non-issue in the event of there being no questions or the suspect not yet being coherent.