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It is sad that the government is pushing potential constitutional violations in this case when there is really no need. I think it is just trying to flex its terror legislation muscles to see how far they will go, and this is the perfect case. It is a dangerous game for the government because one change on the Supreme Court could invalidate much of the anti-terror legislation.
We don't even know that.
The requirement to Mirandize a suspect is only needed prior to questioning. We have no idea that he is being questioned in the hospital or is lucid enough to be questioned. If the suspect was near unconsciousness at the time of arrest, Mirandizing him then could have been questionable, as he was in serious medical condition and not able to understand what was being read.
I give the police and the justice system a credit and deference to know when to read the suspect Miranda rights.
Does anyone know if the Miranda rights were NOT read? Is he even under arrest yet? From what I read they took him to the hospital barely concious. I would assume it is not too late to arrest him and read him his rights at the hospital.
Does anyone know if the Miranda rights were NOT read? Is he even under arrest yet? From what I read they took him to the hospital barely concious. I would assume it is not too late to arrest him and read him his rights at the hospital.
It is a "public safety exception" which also allows the government to question a suspect and the use the statements in court. Sounds like the epitome of unconstitutional to me.
You can go right ahead and arrest someone without mirandizing them. You simply cannot use anything they may say against them until they understand their rights.
They're smart to wait in doing that right now in his condition. A lawyer would argue that in his present condition he couldn't have possibly understood.
Funny, "facts are kryptonite to a liberal," while you make assertions based upon no facts. How ironic.
Besides, what makes you think you can presume how these people feel about U.S. partisan politics? You may not realize how unpopular Obama is in parts of the Middle East where he has stepped-up drone activity.
Bbbbbut, libruls are soft on defense and homeland security. <heavy>
I wonder if domestic terrorists were Mirandized? Eric Rudolph, Tim Macveigh, Clayton Waagner, and what about Richard Reid and those being held in GITMO and other clandestine CIA prisons world wide?
The OP still hasn't provided proof that the suspect was or wasn't Mirandized yet, we're waiting.
Even if the suspect was Mirandized, how can he agree or disagree while being listed in serious condition?
He is an American Citizen accused of a crime on American soil. He is entitled to his constitutional rights.
Do they think there is an active Muslim Terror Cell in Boston? Are they just embarrassed a skinny 19 year old made them run around like fools for five days?
"He is an American Citizen accused of a crime on American soi"
Sorry, he has NOT been accused of anything yet.
I watched the Attorney General and she said they will look at ALL the information BEFORE they file any charges.
Correct. It is a common misconception that the police have to read you your Miranda rights or the case will get "thrown out on a technicality". Miranda rights are actually more of a Due Process requirement to safeguard the Fifth Amendment. But the Fifth Amendment only applies to testimonial evidence. So, if the police do not need a confession from you, then there is no reason to Mirandize you, although they do it out procedure now with most suspects. The only legal consequence of not being appraised of your Miranda rights is that the government cannot use a confession or other testimonial evidence against you if that evidence was collected during a custodial interrogation. Still, there was no reason not to read this guy his Miranda rights. But I doubt the government is worried that they will not get a conviction without his testimony. Hell, I am not even sure he will receive a public, civilian trial.
Thanks for helping to clear this all up. There are a few folks on here worried about this 19 year olds Miranda rights. Sad when he has created so much devastation that anyone could be concerned that he get read his rights! Hell, when they highjacked the SUV they told the driver, "We are the Boston Bombers"...admission?? Sure was as far as I was concerned. I spent a good part of the day into the evening hours watching the coverage as we have a relative who lives next door to where they found him hiding in the covered boat. It was a tense moment in time for all of us. She was evacuated and there was a bomb detonated in his house after they did find him. Look what he and his brother did! They killed at least 4 people, hijacked a car, injured at least 180 people with their homemade bombs. What rights??
The reason why they are called Miranda rights is from the Supreme Court case MIRANDA v. ARIZONA, 384 U.S. 436 (1966). It doesn't say in the constitution that the police must read you your rights. That requirement is from the Supreme Court interpretation of the Fifth Amendment.
. . . commanding that no person `shall be compelled in any criminal case to be a witness against himself.'"
"in any criminal case". Has ANYONE called it a criminal case? IF this is called terrorism it is NOT a criminal case and different laws apply.
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