I'm also concerned that the information (such as a confession) he gives may be rendered inadmissible in the future by the Supreme Court if it ever rules that the public safety exception was improperly applied in this interrogation.
Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
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Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#12Serious question... Have we verified that the reason he hasn't been mirandized yet is anything other than the fact that he's in serious condition and may not yet be able to affirm that he is aware of his rights?
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#13The Bill of Rights does not say "Applies to citizens of USA". He should be properly Miranda-ized. No ifs, ands, or buts.
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#14I've heard of this "public safety exception" before:
In 1941 Adolf Hitler ordered a directive intended to suppress members of the resistance. It was called Nacht und Nebel ("Night and Fog"). People suspected of "offenses against the Reich" would disappear without any trace.
Who could be considered suspect? "anyone endangering German security" (die deutsche Sicherheit gefährden).
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#15Because one day it might be you who doesn't get read their rights.
As long as you remember you still have those rights, it doesn't really matter?
Not everyone knows they have these rights. I remember in high school being told repeatedly that I had no rights as a minor. We never actually learned about our constitutional rights; I had to find those out on my own.
Also, people have a natural tendency toward defending themselves after being accused. Being read your rights is a reminder, in the heat of the moment, that no, you don't have to talk and you have the right not to. And your right to remain silent is important even if you're not guilty (maybe especially!). Dont Talk to Police: http://www.youtube.com/watch?v=6wXkI4t7nuc
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#16Earlier quoted context omitted.
As long as you remember you still have those rights, it doesn't really matter?
Yeah, this article and most comments seem pretty ridiculous.
Yeah, let's just assume he knows all of his rights. Come on! It's on TV all the time and stuff. No reason to even bring them up.
Now where did you buy those pressure cookers, hmm?
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#17Because one day it might be you who doesn't get read their rights.
No, simply because it is the right thing to do. However, this case is in a gray area because Dzhokhar apparently was unconscious when taken into custody.
Ah, The Right Thing To Do™
I was expecting an invocation of a god or the State™ whims, but an appeal to some kind of morality not mentioned in relation to works just as well.
/sarc
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#18The Bill of Rights does not say "Applies to citizens of USA". He should be properly Miranda-ized. No ifs, ands, or buts.
Plus, he's a citizen of the USA.
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#19No post body was provided.
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#20The Bill of Rights does not say "Applies to citizens of USA". He should be properly Miranda-ized. No ifs, ands, or buts.
Dzhokhar Tsarnaev is a US citizen.