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Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
161–170 of 270 posts
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#162Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#163"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 stuf…
Conspiracy is already a crime. Your cucumber example wouldn't attract a response because nobody actually cares enough to prosecute it. For example if your cucumber was made of solid goal then you would become a target of preventive action. http://en.wikipedia.org/wiki/Conspiracy_(crime)
IANAL, but I believe that in most jurisdictions conspiracy requires two or more co-conspirators (i.e. the crime of conspiracy to commit a crime means two or more people agree or plan for a crime to be committed).
Attempting to commit a crime is also a crime in many jurisdictions, and only requires one person - maybe a prosecutor could convince a court that Derbasti was going to steal something, as demonstrated in a HN comment, but the plan was foiled.
Also, perhaps it is a threat - if other comments could be used to show that he/she was threatening the local supermarket unless they do something, perhaps charges for threatening could be filed.
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#164I hope this guy survives, only reason why? So he can go to trial, and then face his victims. They deserve to see justice done with the death penalty.
That’s not justice, that’s barbarism.
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#165There is literally no point having rights at all if there are exceptions to those rights which can be used but authority when things get difficult or controversial. A right is universal, if there is an exception, its is no longer universal, there for no longer a right. If a right is not universal, it becomes a privilege. The whole point of rights is to protect individuals when things get difficult, when people's emot…
The rights here are the Miranda rights, not the requirement to be told about them. There's no exception to those rights being discussed as far as I can tell, just an exception to the requirement.
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#166The FBI page on the "public safety exception" is really interesting: http://www.fbi.gov/stats-services/publications/law-enforceme...
Indeed. " The commitment to this rule is so strong that the Supreme Court has recognized only one exception to the Miranda rule" So, not much of a commitment at all. I am so committed to my wife that I only recognize one exception to my marriage vows: if I get a chance with a really attractive woman, then not only can I do it, but I can charge my wife for the cost of dinner.
Exceptions breed ambiguity.
No turn on red.
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#167There is literally no point having rights at all if there are exceptions to those rights which can be used but authority when things get difficult or controversial. A right is universal, if there is an exception, its is no longer universal, there for no longer a right. If a right is not universal, it becomes a privilege. The whole point of rights is to protect individuals when things get difficult, when people's emot…
Let's cut to the chase, what if, as in this case, granting an individual their full rights could deprive others of their rights, like the right to not be blown up by another bomb?
You are suggesting that rights only have value if there are no exceptions to those rights. I disagree.
Rights have value, but there must be a way to assign value to each individual right for each person, otherwise, when you cannot grant everyone in society all of their rights simultaneously, how do you decide who gets which rights and who does not?
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#168Earlier quoted context omitted.
Luckily, this applies mostly to English speaking countries. The rest of the world seems to require some actual criminal action for prosecution.
Lucky for people planning crimes I guess, unlucky for the rest of us. Edit: Your claim that this is limited to mainly English speaking countries is not even true. "Most nations prosecute inchoate acts (such as conspiracy and incitation) in their domestic criminal law." https://www.law.upenn.edu/journals/jil/jilp/articles/1-1_Ste... http://en.wikipedia.org/wiki/Inchoate_offense
As far as I can see, most jurisdictions require some action beyond mere thought or talk. Two guys talking over their beers at a bar is not enough. At least that is what the German Wikipedia is saying about European law.
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#169Earlier quoted context omitted.
The public safety exception strikes me as equivalent to the enemy combatant exception - a way to just skirt civil liberties when it seems relevant.
For heaven's sake. Assuming that they have arrested the correct person, he and his brother had a stack of tactical explosives that they were throwing around with abandon, as well as having bombed a major public event with loss of life and a huge level of injury. Of course the public (via its designated law enforcement agents) has a legitimate interest in establishing whether all possible explosive devices have been f…
Assuming that they have arrested the correct person
Re: Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?
#170Miranda is for legal proceedings. I am in favor of getting as much info as possible before erasing him from the face of the planet. Who cares if it is inadmissible. Here is a kid with scholarships and naturalized randomly blowing up his neighbors for allah(presumably), we need to know why and how he became radicalized, we don't need more evidence for trial.