View Poll Results: No Miranda reading: Good or bad idea?

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47. You may not vote on this poll
  • It's fine, and warranted

    7 14.89%
  • It's BS, and shouldn't ever be done

    32 68.09%
  • I'm somewhere in the middle on this one

    6 12.77%
  • Other (please explain)

    2 4.26%
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Thread: No Miranda reading: Good or bad idea?

  1. #21
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    Re: No Miranda reading: Good or bad idea?

    Duplicate post.
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

  2. #22
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Sarcogito View Post
    So does this exception mean he doesn't have the right to remain silent and the right to an attorney or just that he doesn't have to be told about the right? If it is the latter I am not as concerned as I am sure most people nowadays are aware of it. But it still doesn't look like it would meet that exception. What threat to national security did he pose once they had his wounded ass in custody?
    How could the authorities possibly know the answer to this unless they get him to talk? How many other bombs did they disable all around the city? It would be wrong to beleive they found them all just by luck.

  3. #23
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Schutzengel View Post
    Any lawyer worth his salt should be able to take his arrest and the tweet and show that he was arrested and detained improperly and not only use it to overturn any conviction but to also sue the arresting agency for civil rights violations.
    That is completely incorrect. Not being read your miranda rights can not get you off on a crime you've already committed. It can only make things you say while in custody inadmissable. That's a common misconception. There is no out for this guy.
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  4. #24
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    Re: No Miranda reading: Good or bad idea?

    It seems to me that if you're going to violate someone's basic civil rights in order to extract information from them that you believe you must have in order to avert a crisis, you should accept that everything you obtain from them is inadmissible in court.
    I'm already gearing up for Finger Vote 2014.

    Just for reference, means my post was a giant steaming pile of sarcasm.

  5. #25
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by MaggieD View Post
    Where does your link show that SCOTUS ruled on not Mirandizing people? You know, what the thread's about.
    You can read the case yourself.

    New York v. Quarles - 467 U.S. 649 (1984)
    New York v. Quarles - 467 U.S. 649 (1984) :: Justia US Supreme Court Center



    Or you can read what the FBI says about it.

    The "Public Safety" Exception to Miranda

    I personally think the reasoning is wrong, in that, they can question all they want for their own or public safety they just shouldn't be able to use anything against the individual.

  6. #26
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by radcen View Post
    No Miranda reading: Good or bad idea?
    It's a violation of the Fifth and Sixth Amendments, according to the Supreme Court (Miranda v Arizona), and makes anything said during interrogation inadmissible in a court of law. So it's not only bad for them to not read a suspect their rights upon arrest, it's recklessly stupid.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

  7. #27
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    Re: No Miranda reading: Good or bad idea?

    I can almost guarantee this guy already knows his rights. The only bearing this has on the situation is that anything he says during interrogation is inadmissable if he can prove he wasn't aware of his right to remain silent and speak to a lawyer. It's a gamble but I agree with not reading him his rights. If for whatever reason he isn't aware that he can stay silent and gives up information on other bombs and other threats to civilians then it would've been worth it. If he wasn't read his rights and he stayed silent anyway then oh well. As many have said before me, there is more than enough evidence to convict him anyway.

  8. #28
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    Re: No Miranda reading: Good or bad idea?

    First, Miranda rights are not read to a suspect upon arrest. That's only on TV. In reality, they must be read before a suspect is interrogated, before the police ask them any questions. They can put a suspect in the back of the car and not say anything, and if the suspect talks, that information can be used as trial. They didn't have to tell the suspect about the right to remain silent. But once the cops start asking questions, then they must inform the suspect of that right.

    The facts about Tsarnaev's interrogation are extremely limited, so I don't even know if there are any circumstances that warrant the public safety exception. Once he's safely in custody, what possible public dangers could exist? The only thing I can think of is to ask him "are there other bombs out there?" Which they should ask. And hopefully he would answer. But then they can't use those bombs as evidence. But they really shouldn't need to!!

    The public safety exception comes from a supreme court case in 1980, and it is utter crap. It was more of the modern court's relentless drive to gut amendments four through eight. There was no real basis for the decision. It was arbitrary and they simply decided to create an exception. And it is an easily exploitable one. All a cop has to do is suspect public danger and Miranda flies out the window. It's astoundingly subjective and opens the door to a lot of potential abuse. Being dangerous (or rather, being accused of being dangerous) does not deprive a person of their fifth amendment rights.

    This is a terrible precedent to set.
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  9. #29
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Guy Incognito View Post
    2. No lawyer is going to get anybody off. The public safety exception to Miranda is perfectly legal.
    So how was the public's safety in jeopardy at the time? The dude was down and bleeding. No pending attack was on the horizon. No evidence of a pending attack is on the horizon as far as we know. The dude is an American citizen regardless of what he did.
    “Mr. Speaker, I once again find myself compelled to vote against the annual budget resolution for a very simple reason: it makes government bigger.” ― Ron Paul
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  10. #30
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by radcen View Post
    No Miranda reading: Good or bad idea?

    Feds Make Miranda Rights Exception for Marathon Bombing Suspect Dzhokhar Tsarnaev - ABC News

    I'm feeling pretty confident that we got the right guy. But, as someone who believes that the integrity of the overall system is more important than any single incident and/or suspect, I have issues with not reading the guy his Miranda warning. One, as he is in custody, I'm failing to see any scenario where he continues to pose any threat to public safety that would trigger this, and two, it smacks of yet another end-run around the Constitution using fear and emotion as the rationalization.
    As disgusting as this POS is, I have to agree that all American citizens should have full advantage of our COTUS and laws, just like the rest of us.

    He can then be tried, convicted, appeal, and finally executed, just like McVeigh.
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