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View Diary: Should There Be a Public Safety Exception to Miranda? (55 comments)

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  •  Why Do I Feel the Incentive is Backward Here? (6+ / 0-)

    The reason you want to interrogate the suspect re: public safety is because you don't presently know anything about such possible threats.

    --But you have the suspect in custody because you already know enough to prosecute them. Whatever crimes are looming have not happened yet, but whatever crime caused you to take this suspect into custody has happened. Given time there will be plenty of opportunity to develop the case relating to the only crime that has yet happened.

    So it seems to me it's not the government we need to protect with this exception, but rather the suspect.

    Is it going to encourage the suspect to confess to a pending crime if the law allows his words to be used against him, or would it encourage him to help secure public safety if he divulged other threats knowing that he wouldn't be prosecuted for them?

    It's not my area of specialty so I wouldn't be surprised if there were a 3rd option area such as legal liability but reduced penalty etc.

    When the issue is government vs average individual I don't usually see that the government is the party requiring protection.

    We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy.... --ML King "Beyond Vietnam"

    by Gooserock on Sat Apr 20, 2013 at 07:18:41 PM PDT

    •  It's pretty clearly a different situation (2+ / 0-)
      Recommended by:
      AaronInSanDiego, Roger Fox

      when you're in a room with a suspect who may have a loaded gun, than when you've got a wounded suspect helpess in a hotel room.

      But bad cases (and politically minded Prosecutors) make bad law.

      Right now, I wish Ben Masel was still here.  I know where he would fall and I know why, but neither I nor anyone else active here today can articulate it as he could have done.

      I love you stupid fucking fucks. Now stop poking at the dead cat on the table and get back to the issues.

      by JesseCW on Sat Apr 20, 2013 at 09:06:17 PM PDT

      [ Parent ]

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