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View Diary: Boston Marathon bombing suspect answering FBI questions in writing (115 comments)

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  •  This narrow window (6+ / 0-)

    has to do with public safety concerns -- are there more bombs on timers somewhere out there?  Is anyone else part of this destructive plan?  This exception to Miranda dates back to 1980 in the Quarles case and has been revisited multiple times through the courts.

    He can still invoke his 5th Amendment right against self-incrimination.  He can still lawyer up.  What he is missing for 48 hours is the Miranda warning.

    " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

    by gchaucer2 on Mon Apr 22, 2013 at 08:09:32 AM PDT

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    •  But what's the benefit? (0+ / 0-)

      He's more likely to not know his rights? Everyone who has ever watched an American police procedural show from late Dragnet on knows you have the right to remain silent, etc... and now you lose the value of anything he says for a trial later. It's just dumb.

      It's another example of America not living up to its self-image.

      "Don't be defeatist, dear. It's very middle class." - Violet Crawley

      by nightsweat on Mon Apr 22, 2013 at 08:28:09 AM PDT

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      •  The benefit is getting (6+ / 0-)

        public safety information before he shuts up or lawyers up.  There is a buttload of evidence out there that would not be considered "fruit of the poisonous tree," i.e. info outside the scope of public safety.  

        It isn't dumb.  It is perfectly legal having been tested many times through the court system.  

        " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

        by gchaucer2 on Mon Apr 22, 2013 at 08:45:12 AM PDT

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      •  If he gets a lawyer... (0+ / 0-)

        ... he might well STFU.  That would be bad.  Get as much information as possible, who cares if it's admissible later?  They have enough non-testimonial evidence for various crimes that they don't need it.  

        •  Change the suspect and think that through again (1+ / 0-)
          Recommended by:
          DSPS owl

          Would it still be OK if it were a more mundane criminal?

          "Don't be defeatist, dear. It's very middle class." - Violet Crawley

          by nightsweat on Mon Apr 22, 2013 at 10:17:33 AM PDT

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          •  Yes. (1+ / 0-)
            Recommended by:
            auapplemac

            It is always an option to not-Mirandize.  The only consequence is that whatever the subject says is not admissible.  That has always been the case.  It is usually the correct strategic option to Mirandize, but not always.

            •  But Mirandizing isn't some magic spell. (0+ / 0-)

              It doesn't grant the suspect rights. It informs him or her of rights they already have under the Constitution. If he was going to lawyer up, he'd lawyer up.

              Denying the suspect the Miranda warning just makes it easier for them to have evidence thrown out later.

              "Don't be defeatist, dear. It's very middle class." - Violet Crawley

              by nightsweat on Mon Apr 22, 2013 at 10:34:40 AM PDT

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