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View Diary: Constitution Always Applies (21 comments)

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  •  It applies, but doesn't mean what you think (9+ / 0-)

    The Miranda decision is one of the great decisions in constitutional history. But a lot of people have no idea what it says.

    Ask any lawyer.

    Read any law school web site.

    It says that statements taken by police before the defendant is given his Miranda warnings may not be admissible in evidence.

    It does not say that the Miranda warnings must be given at any particular time.

    The public safety exception isn't even an exception that allows the Miranda warnings not to be given. The Miranda warnings can always be delayed.

    The public safety exception says that even though the Miranda warnings were delayed the statements can be admitted.

    Whether the public safety exception applies can't be determined by the police or Justice Department. Whether they can be applied will be determined by the judge in the trial -- when the issue of whether certain statements made by the defendant can be admitted into evidence.

    At any rate, in this case, the public safety exception isn't going to be necessary. This defendant will be convicted with our without any statement he makes before getting his Miranda warning.

    •  Exactly. (2+ / 0-)
      Recommended by:
      VClib, HamdenRice

      The younger brother (Dzhokhar Tsarnaev) had the right to remain silent and the right to a lawyer, before during and after. He never lost those rights. He retained those rights.

      By not telling him his rights (not Mirandizing him), the police ensured they couldn't use an admission of guilt in court. Which doesn't affect the case because they have lots of other evidence they can use. They don't need an admission of guilt.

      The right that I've always been concerned about is habeas corpus. Which is mentioned in the Constitution proper (not in the Bill of Rights). The Constitution says this: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." The Constitution has an explicit exception. Abraham Lincoln used this exception.

      I don't like it much but the exception is there.

      "Stupid just can't keep its mouth shut." -- SweetAuntFanny's grandmother.

      by Dbug on Sat Apr 27, 2013 at 10:31:19 PM PDT

      [ Parent ]

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