Discussion: Miranda Rights

[BlackLantern]

Put into US Law in 1966, Miranda Rights inform someone under arrest of their rights at the time

- right to remain silent

- right to legal representation

Now there appears to be talk of adjusting the warning, but not a total overhaul

I think it can be tweaked, but I really wound't know where to start

discuss

 

[Bathead]

What kind of "adjustments" have been proposed?

 

[BlackLantern]

here is the full article on The Daily Beast http://www.thedailybeast.com/blogs-...ers-wishy-washy-terror-war/?cid=hp:mainpromo1

On Sunday, the attorney general announced that the Obama administration would go to Congress seeking new legislation that would relax the Miranda rule where public safety is threatened. In recent congressional testimony, Holder took a different tack by citing a 1984 Supreme Court case, New York v. Quarles, that definitively carved out a public-safety exception to the Miranda rule, allowing pre-warning questioning without time limit where the safety of the public is threatened. Although decided on dramatically different facts, it would seem that, armed with this case, the government could comfortably argue that the need to determine whether a terrorist acted alone, whether co-conspirators are at large, whether other threats are posed, whether other weapons exist, or the need to identify masterminds of the plot, all fit squarely within the Supreme Court's public-safety exception.

 

[Nivek]

Do we really need a Jack Bauer/ Elliot Stabler clause in the Miranda warning? "You have the right to... TELL ME WHERE THE BOMB IS!" or "you have a right to a Lawyer, ... if you tell me where you hid the 9 year old girl you took". I mean let be serious here, it not like in times of extreme crisis authorities don't bend these rules anyway, this just seems to be an over-reaction in order to catch someone when there is a clock ticking.

 

[BlackLantern]

my feeling on it is if you aren't an american citizen, you should be informed of your right to contact your consulate and that's about it

 

[Nivek]

I believe that is all we do for foreigners anyway, if they committed a crime or they are a suspect. This possible amendment sounds like some additional arm twisting time for authorities to give American Citizens who do have Miranda Rights. Not sure how cool i am with that, given that they bend/break the rules enough in times of crisis. We don't need to proclaim it in the law, just to cover someones rear end.

 

[Majic Walrus]

I don't think the Miranda rights need to change especially not to be looser.

 

[Addendum]

The Miranda Rights work fine as it is. Those "in charge" who think they need to be loosened should be replaced.

 

[kytrigger]

Do we really need a Jack Bauer/ Elliot Stabler clause in the Miranda warning? "You have the right to... TELL ME WHERE THE BOMB IS!" or "you have a right to a Lawyer, ... if you tell me where you hid the 9 year old girl you took". I mean let be serious here, it not like in times of extreme crisis authorities don't bend these rules anyway, this just seems to be an over-reaction in order to catch someone when there is a clock ticking.

I pretty much agree with this. Not to mention that I dubt any time a terrorist is captured and people are trying to find the bomb, I doubt the local police handle the questioning at that point anyway.

Unless I start hearing about how this actually comes into play far more often than I realize, I think it's kinda pointless.

 

[BlackLantern]

whatever happened to a simpler time....

when you beat someone with a phone book to get information??








kidding, kidding

 

[Addendum]

Do we really need a Jack Bauer/ Elliot Stabler clause in the Miranda warning? "You have the right to... TELL ME WHERE THE BOMB IS!" or "you have a right to a Lawyer, ... if you tell me where you hid the 9 year old girl you took". I mean let be serious here, it not like in times of extreme crisis authorities don't bend these rules anyway, this just seems to be an over-reaction in order to catch someone when there is a clock ticking.

The "ticking clock" is simply a hypothetical scenario to justify destroying rights.

 

[Kelly]

my feeling on it is if you aren't an american citizen, you should be informed of your right to contact your consulate and that's about it

Unless you just tried to blow me up with your underwear....then you get nothing....

 

[Nivek]

Nice to see everyone is pretty much on the same page for once, given the comments.