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View Diary: Manhunt over: Boston Marathon suspect alive, in custody (301 comments)

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  •  No warning needed regardless of formal status (2+ / 0-)

    The idea behind the Quarles "public safety" exception to the Miranda rule is basically the idea that your rights end when the expression of those rights brings harm to others.

    You have the right to free speech, guaranteed by the first amendment ... but you do not have the right to incite violence or to shout "Fire!" in a crowded theater, to use traditional examples.

    The Quarles exception is one of the limits of the fifth amendment. You have the right to avoid self-incrimination, but you do not maintain that right when your silence would present a direct threat to public health and safety. Obviously, that's a pretty high standard to meet, and this exception to the Miranda rule is very rarely applied. But are there more bombs out there? is inarguably across that bright line.

    Or TL;DR: This is no way will interfere with his prosecution. At all.

    "All opinions are not equal. Some are a very great deal more robust, sophisticated and well supported in logic and argument than others." -Douglas Adams

    by Serpents Choice on Fri Apr 19, 2013 at 07:50:50 PM PDT

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    •  Would the Quarles exception also apply to (0+ / 0-)

      a situation where a serious communicable disease could be spread via either casual contact or even proximity?

      Just as my neighbor doesn't have a right to expose me to small pox as a protest against city taxes, all of our rights have to be balanced against the harm we may do to others, depending on how we may choose to exercise them.

      The standards to infringe on people's rights should be high, but some limits (rarely applied) are all that stands between us and chaos.

      It matters not how small the beginning may seem to be: what is once well done is done forever. Henry David Thoreau, in Civil Disobedience

      by Had Enough Right Wing BS on Sat Apr 20, 2013 at 06:11:53 AM PDT

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    •  No, wait. (0+ / 0-)

      You have the right to avoid self-incrimination even when it threatens public safety, but the police don't have to remind you of that right's existence at that moment.

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