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. #31
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Schutzengel View Post
    The only way that the "Public Safety" rule could be imposed is if they truly believe that there are more pending attacks that can be stopped.
    Is this why the second bomber's university campus remains shut down?

  2. #32
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Paschendale View Post
    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.
    That makes a lot of sense, thanks.
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  3. #33
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    Re: No Miranda reading: Good or bad idea?

    Well, we do know where the Right stands on this issue. Whatever Obama supports, they support the opposite........................

  4. #34
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Paschendale View Post
    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.


    America began to set alot of "dangerous precedents" when it acquiesed to goverment by subterfuge with the election of Reagan...............

  5. #35
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Mason66 View Post
    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.
    They, hopefully, didn't torture him, so how does reading him his rights change his likelihood of talking? There's no reason to deny him his rights. He's a monster, but there's far more than enough evidence to put him away without him saying a peep.
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    I've got to say that it is shadenfreudalicious to see the rich and famous fucquewads on the coast suffering from the fires.

  6. #36
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by MaggieD View Post
    Has it ever been ruled on by SCOTUS? If not, we have no idea whether it's "perfectly legal" or not.
    New York v. Quarles - Wikipedia, the free encyclopedia

  7. #37
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by MarineTpartier View Post
    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.
    The bold is exactly the point - as far as we know. As far as we know, there are no other explosives and there are no accomplices planning other, imminent attacks. But we may NOT know which is the point of the public safety exception - to gain that knowledge.

    Now, I'm ambivalent about whether I support the public safety exception, but Dzhokhar is only person in custody who can tell the FBI if he and his brother were working with other people or hid explosives that have not yet been found. Those potential threats to public safety are not in question.

  8. #38
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by MarineTpartier View Post
    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.
    Who knows if there are still other bombs out there?

  9. #39
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Bonzai View Post
    Well, we do know where the Right stands on this issue. Whatever Obama supports, they support the opposite........................
    Bull****.
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  10. #40
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Guy Incognito View Post
    Who knows if there are still other bombs out there?
    Oh, for God's sake - it's not like there is a trail of bomb 'bread crumbs' to follow.

    Seriously!?

    Really!?
    Greatness lies not in being strong, but in the right use of strength - Henry Ward Beecher
    Baby sister, I was born game and I intend to go out that way - Rooster Cogburn

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