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View Diary: said the Dzhokhar to the Thief: Miranda and Due Process for all (33 comments)

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  •  The only person talking about... (8+ / 0-)

    stripping him of Miranda rights is Lindsey Graham.

    Applying the public safety exception is in its itself an acknowledgment of his rights.

    •  delay, though... (6+ / 0-)

      unless something has changed, they already decided to invoke a public safety clause and withhold Miranda from him for 48 hours. Not the same as denying it, but it still rubs me the wrong way...

      "There is one rule for the industrialist and that is: Make the best quality of goods possible at the lowest cost possible, paying the highest wages possible." -Henry Ford

      by sixeight120bpm on Sat Apr 20, 2013 at 02:15:38 AM PDT

      [ Parent ]

      •  Miranda warnings are meant to safeguard (3+ / 0-)

        a suspect's rights against self incrimination under the Fifth Amendment. Here, law enforcement definitely do not need any confession or evidence from the suspect in order to obtain sufficient evidence to convict him. There is ample eyewitness testimony from victims (they confessed to the guy they carjacked!) as well as the video evidence of the suspects with the backpacks, etc.

        The only reason for interrogating this guy prior to Mirandizing him is to determine whether he has knowledge of any other plots. That just seems like good sense, to me.

        •  yes, but... (1+ / 0-)
          Recommended by:
          Lujane

          It still seems a grey area to me. Sure, this time withholding Miranda seems justified, but what about next time? Couldn't this be a slippery slope kind of thing? That's what worries me. Police will start using "public safety" as an excuse more and more tenuously to throw people into an interrogation room first, and safeguard their rights later.

          "There is one rule for the industrialist and that is: Make the best quality of goods possible at the lowest cost possible, paying the highest wages possible." -Henry Ford

          by sixeight120bpm on Sat Apr 20, 2013 at 10:17:37 AM PDT

          [ Parent ]

    •  I think that Lindsey actually wants to strip him (0+ / 0-)

      of the underlying Constitutional protections that Miranda tells you you have.  How that guy can call himself a lawyer with a straight face is completely beyond me.

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