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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?

#91

Post by notimetorelax »

ruswick wrote: post #74
Steko wrote: post #48

Earlier quoted context omitted.

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 explosi…

I'm fairly sure that the various agencies and investigative apparatuses have generally come to the consensus that there is no remaining threat, and have explicitly said as much. How can they invoke this Exception when they have stated (and, now as it has become obvious) that there is not a threat? It just seems that invoking the Exception is tantamount to a post facto repudiation of their previous statements, and wou…

What amazes me is how quickly law enforcement starts using various loopholes. It doesn't seem to be necessary here and reading Miranda rights takes less then 30 seconds, still they're not doing it. To think of another example several years ago it was a common knowledge that tasers could be used only when there is threat to others now it is standard practice to taser anyone who doesn't follow police orders.

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

#92

Post by untog »

shabda wrote: post #66
rmrfrmrf wrote: post #60

Earlier quoted context omitted.

"I'm so tired of this quote." -rmrfrmrf

Why? It is in times such as these, it is the most important to remind us of this.

Because it's lazy. Using quotes like that demonstrates absolutely zero understanding of the topic at hand, just that said X, and you are attempting to bring their authority to the current situation, despite the fact that he was clearly not talking about the current situation.

Nuanced, it is not.

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

#94

Post by ghayes »

cube13 wrote: post #90
ghayes wrote: post #84

Earlier quoted context omitted.

"Dzhokhar Tsarnaev will not hear his Miranda rights before the FBI questions him Friday night" [id.] This implies he'll be going through a potentially long interrogation with the FBI that may be admittable as evidence, without having been given a Miranda warning. There is definitely something about this application of the "public safety exception", and the stare decisis discussed in the article, that gives cause for…

>This implies he'll be going through a potentially long interrogation with the FBI that may be admittable as evidence, without having been given a Miranda warning. Any statements before the Miranda warning are inadmissable in court: http://www.volokh.com/2010/05/05/shahzad-and-miranda-rights/

"if the defendant is in possession of information regarding ... exigent circumstances which require protection of the public, the defendant may be questioned without warning and his responses, though incriminating, will be admissible in evidence"[1]

The public safety exception allows for some latitude for police to gather admissible information prior to giving a miranda warning.

[1] http://en.wikipedia.org/wiki/Miranda_v._Arizona

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

#95

Post by rhizome »

cynicalkane wrote: post #64
hncommenter13 wrote: post #36

You shouldn't care. Because not reading someone under arrest the Miranda warning is constitutionally irrelevant in and of itself. It only acquires relevance if the government seeks to have the statements admitted at trial. Discussing the similar case of Faisal Shahzad, who attempted to bomb Times Square, Orin Kerr, a law professor who is an expert on the 4th Amendment wrote: "Importantly, though, it would not have vi…

The public safety exception seems to be for when a Miranda warning would be impractical: https://en.wikipedia.org/wiki/Miranda_warning#Public_safety_... I'm not sure if having a reasonable opportunity to read someone their rights, then choosing not to, is in the spirit of the public safety exception. Public danger alone can't be the reason, since the whole reason for criminal law in the first place is to protect the…

Since this is the first time I can remember hearing of law enforcement announce that Miranda was not given tells me that he's already said something and they're just getting ahead of the cycle by putting the rationale out there.

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

#97

Post by cinquemb »

glhaynes wrote: post #89
cinquemb wrote: post #65

Earlier quoted context omitted.

"whatever works." Well if the State™ has to circumvent it's own laws to achieve some ends (which i doubt are really ends since incidents like this will continue to happen), one could argue that grounds for morality are null and void. After all, that's what Terrorists™ do.

Just FYI - the little ™ thing doesn't help your arguments be heard. Just the opposite. See also, people who write "Micro$oft".

I recognize that, but i also recognize that people who are devout in their beliefs have little reason to think otherwise (it is a belief after all), so in the end i do it anyway for my own laughs :P

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

#98

Post by cinquemb »

ptaipale wrote: post #85
cinquemb wrote: post #72

Earlier quoted context omitted.

Or so thats what we are being told at this point without any evidence being presented in court with a trial in front of his peers… But believe in your State™.

It is slightly unreasonable to require the State™ to present evidence in court at this time, when the first priority is to take the wounded suspect to hospital, and ensure that there are no explosives left behind that could kill others. I do believe that the State™ (in this case, not my state, as I'm not American) has the right and the responsibility to do what they are doing.

You also left out the plan to interrogate him for information that could be admissible in court that would/could conflit with self incrimination as reference in the 5th amendment.

But hey, lets us tort laws because the ends justify the means, because we all know something like this will never happen again once this person or all possible related persons are brought to justice.

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

#99

Post by venomsnake »

There is time to link to this excellent video by James Duane

Don't talk to the police http://www.youtube.com/watch?v=6wXkI4t7nuc

From what I understand there is no such things as miranda rights. They are miranda reminders about your rights granted by the US Constitution.

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

#100

Post by Derbasti »

"if prevention rather than prosecution is to be our new main goal"

I find this increadibly dangerous. Does that mean the police will move against "potential" crimes? Against people making plans? I hereby jokingly declare that I am planning to steal a cucumber at my local supermarket. Does this make me a goal of preventive action? Did I commit a thought-crime?

1984 and Minority Report come to mind when people say stuff like this.

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