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. #81
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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.
    Whatever the rationalization is, Dzokhar Tsarnaev is a United States citizen. I don't necessarily care about foreign combatants caught in other countries, but when it's an American citizen arrested in the United States...


    Quote Originally Posted by Jetboogieman View Post
    This issue has been plowed more times than Paris Hilton.
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    Too bad we have to observe human rights.

  2. #82
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by ThePlayDrive View Post
    "hurts no one" is uncertain. if reading them would influence him to not give potentially live saving info, then saying them did hurt someone.
    Not informing someone of their rights because it might influence them to exercise them is not the right thing to do. The guy should know his options. I know people get their panties in a bunch when a suspected terrorist is involved but that is not the way it is supposed to be. The rights are there for a reason, a good reason.
    “Most people do not listen with the intent to understand; they listen with the intent to reply.”
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  3. #83
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Kreton View Post
    Not informing someone of their rights because it might influence them to exercise them is not the right thing to do. The guy should know his options. I know people get their panties in a bunch when a suspected terrorist is involved but that is not the way it is supposed to be. The rights are there for a reason, a good reason.
    His rights themselves are still completely intact. He still has the right to remain silent if he wished to do so. It isn't like this kid is stupid and doesn't know his rights. Miranda is a technicality. There is technically no right written into the Constitution that a suspect must be informed of his/her rights. Miranda is a safeguard to prevent people from being coerced by LE into admitting to something because they don't know they can remain silent or have a lawyer. And the safeguard is that anything they do say cannot be used against them (or others they may indicate prior to the Miranda warning, "fruit of the poisonous tree").
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

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  4. #84
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by TacticalEvilDan View Post
    According to what? The Constitution doesn't make exceptions for terrorism.

    Especially terrorists on American soil.

    Especially terrorists with American citizenship on American soil.
    Thomas Jefferson isn't the one who will be hearing the case or the appeals, so according to the law as it exists now.

  5. #85
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    Re: No Miranda reading: Good or bad idea?

    There are many inspiring facets to Boston, and a number of uninspiring ones. But the worst one is this notion of intentionally questioning a US citizen apprehended on US soil without reading him his rights. Many people do really bad things, things that are far worse than the Boston Bombings. Yet we have no problem reading them their rights and following the law. Why should we treat this individual any differently?

    We have zero evidence to connect him to anyone else, we have zero reason to suspect that he or anyone he may be involved with represents an imminent threat.

    Not reading him his rights doesn't take them away. It effectively gives him amnesty. Any evidence uncovered by the questioning, none of it is admissible in court. You may think that his case will be open and shut, but there's a lot we don't know. It's unlikely that this guy will walk, but not reading him his rights makes it more likely.

  6. #86
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Mithros View Post
    There are many inspiring facets to Boston, and a number of uninspiring ones. But the worst one is this notion of intentionally questioning a US citizen apprehended on US soil without reading him his rights. Many people do really bad things, things that are far worse than the Boston Bombings. Yet we have no problem reading them their rights and following the law. Why should we treat this individual any differently?

    We have zero evidence to connect him to anyone else, we have zero reason to suspect that he or anyone he may be involved with represents an imminent threat.

    Not reading him his rights doesn't take them away. It effectively gives him amnesty. Any evidence uncovered by the questioning, none of it is admissible in court. You may think that his case will be open and shut, but there's a lot we don't know. It's unlikely that this guy will walk, but not reading him his rights makes it more likely.
    It does not give him amnesty at all. All it does is prevent prosecutors from using anything he might say prior to his rights being read to him from being used against him in court. That's it.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by Kreton View Post
    Not informing someone of their rights because it might influence them to exercise them is not the right thing to do. The guy should know his options. I know people get their panties in a bunch when a suspected terrorist is involved but that is not the way it is supposed to be. The rights are there for a reason, a good reason.
    Like I said before, I'm ambivalent about whether or not this "safety exception" is a good idea. However, for you to say that reading him his rights will "hurt no one" as if that is a certainty is, at best, presumptuous and, at worst, inaccurate.

  8. #88
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    Re: No Miranda reading: Good or bad idea?

    How so? Reading him his rights is not his rights. They dont change.
    Quote Originally Posted by ThePlayDrive View Post
    Like I said before, I'm ambivalent about whether or not this "safety exception" is a good idea. However, for you to say that reading him his rights will "hurt no one" as if that is a certainty is, at best, presumptuous and, at worst, inaccurate.
    God Bless the Marine Corps.

  9. #89
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    Re: No Miranda reading: Good or bad idea?

    Quote Originally Posted by roguenuke View Post
    It does not give him amnesty at all. All it does is prevent prosecutors from using anything he might say prior to his rights being read to him from being used against him in court. That's it.
    It removes all consequences from anything he may testify to, and possibly for any discoveries that any such questions may lead to. Perhaps amnesty is the wrong word, it's more of a unlimited immunity.

    I have no problem with the public saftey exception when its warrented, but unless there's something that we don't know, it's not warrented here. What makes this 19 year old different from every other criminal or murderer in the US? Is suspicion that he may have been sympathetic to Islamic Extremists reason to treat him differently?

  10. #90
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    Re: No Miranda reading: Good or bad idea?

    It is my impression that once the "public safety threat" has passed... which had before he even woke up, IMO, but I digress... they can then read him his Miranda Warning at any time they so choose. Then, anything afterward would be admissible.
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
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