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

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  •  BTW - we've got everything we'll ever (3+ / 0-)
    Recommended by:
    Bob Love, BradyB, ZhenRen

    need to put him away for the rest of his natural life whether or not any statements he makes now can be used against him.

    You get that, right?

    Mirandizing him won't mean he gets to walk.  Questioning him without reading him his rights or giving him a lawyer doesn't set him free without an "exception".

    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 09:11:48 PM PDT

    [ Parent ]

    •  I understand that we have enough (0+ / 0-)

      evidence on him to put him away for life, or preferably, get the death penalty.  My concern, and that of other rational law enforcement people, is that we need to know about the rest of the network.  I understand you don't care so much about that--we have a difference of opinion.

    •  Fruit of the poisonous tree? (1+ / 0-)
      Recommended by:
      JesseCW

      Correct, questioning him without giving him Miranda warnings does not mean he walks, it just means the prosecution can't use any confession or statements in court.  Here, we have plenty of evidence that will ensure his conviction, regardless of whether anything he says is usable in court.  We have the confession to the car whose car they hijacked, we have an ID from the guy whose legs got blown off, we have videos and photos of the shooting of the MIT police officer.

      Only issue is the fruit of the poisonous tree doctrine, which says that if someone is not read his rights and then makes a statement, both the statement and any evidence that the police find as a result of that statement is tainted and can't be used in court.  So if his tainted statement leads to evidence against others, can the statement and the evidence be used against them?  Maybe they do not have standing, I'm not sure.

      •   I honestly do not know if it applies (0+ / 0-)

        if questioning you without Mirandizing you would, say, lead them to physical evidence that would allow them to prosecute me.

        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 Sun Apr 21, 2013 at 01:09:07 PM PDT

        [ Parent ]

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