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View Diary: Whither the Sixth Amendment? (30 comments)

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  •  And if that attorney told the suspect to shut up? (0+ / 0-)

    Then what?

    Happy little moron, Lucky little man.
    I wish I was a moron, MY GOD, Perhaps I am!
    —Spike Milligan

    by polecat on Tue Apr 30, 2013 at 10:52:02 AM PDT

    [ Parent ]

    •  Not sure I'm following your train of thought. If (1+ / 0-)
      Recommended by:
      cfm

      an attorney advised his or her client to shut up, and the clent shut up, well, that's the way our system is supposed to work.

      The client retained the right to remain silent, whether advised via Miranda or not. Again, that's how our system is supposed to work.

      Here's how it's not supposed to work. You're in custody and the police start questioning you. Not knowing what you should or should not say, you request to speak to an attorney. The police pretend they did not hear you and just keep questioning you. You request an attorney again. Again the police pretend they didn't hear and keep questioning. Does that sound like the way our system is supposed to work?

      •  My train of thought is from the LE point-of-view: (0+ / 0-)

        1) We just caught this guy.  Red-handed, no less
        2) There might be more bombs out there
        3) A lawyer will almost definitely tell him to shut up
        4) I'm supposed to use the Miranda Exemption to question him to find out and it's really friggin' important

        So, do we wait until he's read his rights (gonna happen within 48 hours) or let him see a lawyer now? And if he shuts up and there are more bombs out there (can you say PUBLIC SAFETY), then what?

        Now, this system is broken.  This exemption has not been thought out.  However, my asking this question in this manner is NOT stupid.

        Happy little moron, Lucky little man.
        I wish I was a moron, MY GOD, Perhaps I am!
        —Spike Milligan

        by polecat on Tue Apr 30, 2013 at 11:03:22 AM PDT

        [ Parent ]

        •  We seem to be talking past one another here. The (1+ / 0-)
          Recommended by:
          LeftyAce

          issue is that Tsarnaev requested an attorney and the interrogators 'ignored' his request (language from the original LA Times article).

          Um, in the land I grew up in, the government is not allowed to ignore a request for an attorney. Period. No exceptions. The minute a detainee invokes his right to an attorney, that's it. There's no Public Safety Exception for the Sixth Amendment. At least, not until now.

          This has nothing, repeat ZERO, to do with 'reading him his rights" and everything to do, repeat EVERYTHING, with the exercise of those rights.

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