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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?

#41

Post by SCAQTony »

misframer wrote: post #6
willurd wrote: post #2

Because 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?

Once he resumed consciousness he has a right to remain silent but the "public safety" exemption that the Supreme Court inserted to the Miranda rule in 1984 was changed even further by Obama in 2011 that allows the government to question a suspect for 48-hours. Is that a greased, slippery, slope or what?

References:

[1] Think Progress - http://goo.gl/DPV6L [2] Wall Street Journal - http://goo.gl/fEPnO

Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

#42

Post by wavesounds »

For people asking "how do we know he wont be read his rights" its because the DA Carmen Ortiz[1] said she wouldn't in the press conference immediately following the suspects capture[2].

1. https://petitions.whitehouse.gov/petition/remove-united-stat...

2. I haven't been able to find video although I saw it live, this site confirms http://www.theblaze.com/stories/2013/04/19/boston-bombing-su...

Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

#43

Post by cema »

ori_b wrote: post #22
cema wrote: post #5

Earlier quoted context omitted.

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.

"Dzhokhar Tsarnaev will not hear his Miranda rights before the FBI questions him Friday night." . Unless they're questioning an unconcious person, there is no gray area.

Heh, a good catch. :-)

Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

#44

Post by cinquemb »

willurd wrote: post #24
cinquemb wrote: post #17

Earlier quoted context omitted.

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

In this case you could make the argument that it's the right thing to do because it's (I'm assuming) what you would want done to yourself.

Yes, i'd gladly bend over and lubricate my own orifices for sacrifice to the State™ to tort its own laws in the hopes that in the future it will set a precedent for future generations to cope with more of the same :D

/sarc

Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

#45

Post by doktrin »

D9u wrote: post #32

This is no different than "Signature" killings via UAV, nor is it much different than the Telcoms receiving immunity for their participation in the unconstitutional domestic surveillance program. It's just another example of how far our nation has fallen in a relatively short period of time.

> This is no different than "Signature" killings via UAV

Completely disagree.

There's a vast difference between assassinations without trial of both US and foreign nationals vs. not reading a suspect their Miranda rights. Note that the rights themselves are not being stripped away, as is obviously the case with the former.

This doesn't mean either practice is noble or desirable, but it's patently ridiculous to draw false hyperbole-laced equivalencies all over the map.

Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

#46

Post by cema »

willurd wrote: post #24
cinquemb wrote: post #17

Earlier quoted context omitted.

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

In this case you could make the argument that it's the right thing to do because it's (I'm assuming) what you would want done to yourself.

You know, whatever works. If we agree it's a moral thing to do, the origin of the morality is less important. Philosophy can be debated... in a different thread.

Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

#47

Post by InclinedPlane »

Jesus people. Read about what the "public safety exception" actually is before going all police-state-paranoid.

If the FBI or police try to misuse or abuse the public safety exception to attempt to get Tsarnaev to incriminate himself then they are going to have some fun times in court and get their asses handed to them. I'm skeptical that that's what's happening. I'm also skeptical that he's not been read his rights before being interrogated. Let's keep our heads on straight and avoid operating on incomplete data.

Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

#48

Post by Steko »

InclinedPlane wrote: post #21
brm wrote: post #12

Serious 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?

We haven't even verified that he hasn't been mirandized yet. So, no.

http://livewire.talkingpointsmemo.com/entry/doj-official-no-...

A DOJ official explains why Boston Marathon bombing suspect Dzokhar Tsarnaev has not been read his Miranda rights.

"The suspect is en route to the hospital for immediate treatment," the official tells TPM's Sahil Kapur. "But we plan to invoke the public safety exception to Miranda in order to question the suspect extensively about other potential explosive devices or accomplices and to gain critical intelligence."

The public safety exception allows law enforcement officials to question suspects briefly in a legally admissable way prior to providing Miranda rights in cases of terrorism or when the public might face imminent threat.

Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

#49

Post by willurd »

cinquemb wrote: post #44
willurd wrote: post #24

Earlier quoted context omitted.

In this case you could make the argument that it's the right thing to do because it's (I'm assuming) what you would want done to yourself.

Yes, i'd gladly bend over and lubricate my own orifices for sacrifice to the State™ to tort its own laws in the hopes that in the future it will set a precedent for future generations to cope with more of the same :D /sarc

Your sarcasm is duly noted, sir.

Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

#50

Post by willurd »

cema wrote: post #46
willurd wrote: post #24

Earlier quoted context omitted.

In this case you could make the argument that it's the right thing to do because it's (I'm assuming) what you would want done to yourself.

You know, whatever works. If we agree it's a moral thing to do, the origin of the morality is less important. Philosophy can be debated... in a different thread.

Morality is such a loaded word, which is why I didn't use it. But yes, another day, another thread.
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