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Thread: Obama legal team wants to limit defendants' rights

  1. #11
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    Re: Obama legal team wants to limit defendants' rights

    Quote Originally Posted by MrVicchio View Post
    Did you oppose teh Patriot Act
    No, but what does that have to do with teh subject?

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    Re: Obama legal team wants to limit defendants' rights

    Quote Originally Posted by Dav View Post
    No, but what does that have to do with teh subject?
    Probably wants to know your stance on unconstitutional laws.

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    Re: Obama legal team wants to limit defendants' rights

    The Patriot Act is a completely different story that I won't get started on in this thread. It was signed into law the constitutional way, even if the constitutionality of its content is debated.

    This decision however is just another obstruction to justice waiting to happen:
    The Justice Department, in a brief signed by Solicitor General Elena Kagan, said the 1986 decision "serves no real purpose" and offers only "meager benefits." The government said defendants who don't wish to talk to police don't have to and that officers must respect that decision. But it said there is no reason a defendant who wants to should not be able to respond to officers' questions.

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    Re: Obama legal team wants to limit defendants' rights

    Quote Originally Posted by Dav View Post
    The Patriot Act is a completely different story that I won't get started on in this thread. It was signed into law the constitutional way, even if the constitutionality of its content is debated.

    This decision however is just another obstruction to justice waiting to happen:
    On that count, I actually agree with Obama's legal team. I thought the Miranda Rights were enough clarification of a person's rights to speak or not, with or without counsel. After the police recite those rights, complete with a request for confirmation that a person understands them, responsibility is then on that person to either waive those rights or not.

    That being said, I also don't think a person should have to ask twice for a lawyer if they are being questioned by the police. The police should be forced to comply with that request the first time it is made and cease all questioning until counsel arrives.

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    Re: Obama legal team wants to limit defendants' rights

    I was merely trying to see where you stood on another issue to get a feel for your answer.
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Obama legal team wants to limit defendants' rights

    Quote Originally Posted by celticlord View Post
    Yeah, Dear Leader does claim that about himself.
    He taught Constitutional law at the University of Chicago, which is by no means a slouch school.

    Guess he overlooked that part about right to counsel....pesky thing that.
    If I understand correctly, nobody's right to council is being rescinded. Simply, police can initiate questioning when the lawyer is not present. The defendant does not have to answer questions, and still has a right to counsel. Furthermore, I think the police do this anyway.


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    Re: Obama legal team wants to limit defendants' rights

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    Re: Obama legal team wants to limit defendants' rights

    Quote Originally Posted by Duke View Post
    If I understand correctly, nobody's right to council is being rescinded. Simply, police can initiate questioning when the lawyer is not present. The defendant does not have to answer questions, and still has a right to counsel. Furthermore, I think the police do this anyway.
    Once a person asks for a lawyer, the police should not ask him anything at all. Complete and total silence should be the standard until an attorney is present.

    A person cannot tell what is a "harmless" question from a cop and what might be part of an interview/interrogation. He is inherently operating from a position of inferior knowledge about the cop's intent. Given the nature of the Miranda warning, "anything you say may be used in evidence against you," (or words to that effect) once a person has exercised his right to counsel, until he has the advantage and advice of counsel, the police should respect that right, and cease from attempting to pry any further information out of him.

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    Re: Obama legal team wants to limit defendants' rights

    Quote Originally Posted by Blackdog View Post
    - Obama legal team wants to limit defendants' rights

    So much for President Obama championing civil rights.
    He only cares about the civil rights of Jihadists not U.S. citizens.

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    Re: Obama legal team wants to limit defendants' rights

    Quote Originally Posted by celticlord View Post
    Once a person asks for a lawyer, the police should not ask him anything at all. Complete and total silence should be the standard until an attorney is present.

    A person cannot tell what is a "harmless" question from a cop and what might be part of an interview/interrogation. He is inherently operating from a position of inferior knowledge about the cop's intent. Given the nature of the Miranda warning, "anything you say may be used in evidence against you," (or words to that effect) once a person has exercised his right to counsel, until he has the advantage and advice of counsel, the police should respect that right, and cease from attempting to pry any further information out of him.
    I agree wholeheartedly. This is what should be the rules, what should happen. I was just referring to what does happen.


    The Duke of Not Feeding Trolls
    Last edited by Duke; 04-27-09 at 02:55 AM.
    The big majority of Americans, who are comparatively well off, have developed an ability to have enclaves of people living in the greatest misery without almost noticing them.
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