Lindsey Graham sucks ass! (which is generally true but...)

[SSG Snuggle Bunny]

The Velveteen Ocelot (34,463 posts)

The suspect is being read his Miranda rights, per CNN.
 
Poor Lindsey, you lose and the Constitution wins.

http://www.democraticunderground.com/10022717164

Much rejoicing.

And then, suddenly...

REALITY!

Tab (9,175 posts)

Jahar will not be read Miranda due to the "Public Safety Exception"
 

After 44 years, the Miranda decision stands as a monolith in police procedure.1 Its requirements are so well known that the Supreme Court remarked, "Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture."2 And, although the Supreme Court has clarified and refined Miranda over the years, its central requirements are clear.3 Whenever the prosecution seeks in its direct case to introduce a statement made by a suspect while in custody and in response to interrogation, it must prove that the subject was warned of specific rights and voluntarily waived those rights.4 The penalty imposed on the prosecution for failing to prove that the Miranda procedures were properly followed is harsh. While some secondary and limited uses of statements obtained in violation of Miranda are permitted, such statements are presumed to be coerced and cannot be introduced by the prosecution in its direct case.5

The strength of the Miranda decision is its clarity in its nearly unwavering protection of a suspect's Fifth Amendment protection against selfincrimination. The commitment to this rule is so strong that the Supreme Court has recognized only one exception to the Miranda rule—the "public safety" exception—which permits law enforcement to engage in a limited and focused unwarned interrogation and allows the government to introduce the statement as direct evidence.

Recent and well-publicized events, including the attempted bombing of Northwest Airlines Flight 235 near Detroit, Michigan, on December 25, 2009, and the attempted bombing in New York City's Times Square in May 2010, highlight the importance of this exception.6 Those current events, occurring in a time of heightened vigilance against terrorist acts, place a spotlight on this law enforcement tool, which, although 26 years old, may play a vital role in protecting public safety while also permitting statements obtained under this exception to be used as evidence in a criminal prosecution. In brief, and as discussed in this article, police officers confronting situations that create a danger to themselves or others may ask questions designed to neutralize the threat without first providing a warning of rights. This article discusses the origins of the public safety exception and provides guidance for law enforcement officers confronted with an emergency that may require interrogating a suspect held in custody about an imminent threat to public safety without providing Miranda warnings.

http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest

The government is invoking this inception in the case of Jahar

On edit: You can now be interrogated without Miranda rights, and you can be interned (e.g.: gitmo) without due process. Of course, it's "special cases", but that seems a very slipper slope to me.

http://www.democraticunderground.com/10022718227

Welcome to Bush's America!

[Freeper]

I kind of wish they had read him his rights. The last thing we need is some ACLU lawyer helping him walk on a technicality.

[SSG Snuggle Bunny]

I kind of wish they had read him his rights. The last thing we need is some ACLU lawyer helping him walk on a technicality.

The PSE is well-established and SCOTUS approved, IIRC.

[Freeper]

The PSE is well-established and SCOTUS approved, IIRC.

You forget who runs the show.
There is no telling how the incompetent boobs from the 0bama administration will **** this up.

[SSG Snuggle Bunny]

You forget who runs the show.
There is no telling how the incompetent boobs from the 0bama administration will **** this up.

They screwed-up with the X-mas Day Knicker-Bomber and Mirandized him but they caught a ton of shit for it.

This was far more public and his glow is severely diminished since then.

He's welcome to **** this up.

[Freeper]

They screwed-up with the X-mas Day Knicker-Bomber and Mirandized him but they caught a ton of shit for it.

This was far more public and his glow is severely diminished since then.

He's welcome to **** this up.

Odds are this kid will end up being a professor at some college when he finally gets out of prison anyway.
If you are a liberal, bomb planting is a positive on your resume, just ask Bill "Just a guy in the neighborhood" Ayers.