Monday, April 22, 2013

PUBLIC SAFETY

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Word is that the Obama administration has sent a special interrogator to speak with the surviving alleged Boston Marathon Bomber for 48 hours before reading him Miranda warnings. The rationale is the "public safety" exception to Miranda would allow such interrogation. See, NY v Quarles, 104 S.Ct 2626 (1984). 

Uno problemo: the suspect has been hospitalized and unconscious most of the weekend. By the time he regains consciousness what ever danger may have existed surely will have passed. 

Should the suspect be read Miranda as soon as police start talking to him? He's facing the death penalty.  If the constitution can be suspended here, who draws the line where it applies?  Should the President or a Governor be able to declare a case so important, a suspect so dangerous, that the constitution can be suspended? 

Kudos to all the lawyers and judges who donated their time on Sunday to help FIU law students in the moot court problems.

And so another week begins in our beloved REGJB. 

See you in court. 


23 comments:

Anonymous said...

First of the week! A very big honor.I'd like to thank my parents, and my twitter social media coach- don't let Tannebaum get you down Lexi!; and my assistant Jeri, and my girl friend who tolerates me getting up early and prowling the blogs and twitter. Thanks!

Anonymous said...

Tannebaum you angry, miserable fuck. Lunch?

Anonymous said...

The penalty to the state for ignoring Miranda is not automatic acquittal, it is merely that his statements are not admissible in court against him. If there is enough evidence to convict him anyway, why not ignore Miranda and maximize the opportunity to discover why this happened and to discover co-conspirators.

Anonymous said...

Judge Beatrice Butchko (formerly of the REGB) will receive an award tomorrow at noon at the annual Red Mass at Gesu Church downtown.

Anonymous said...

Ignore Miranda? So if the consequences of your actions are, in your mind, minimal, and the benefit outweighs them, then we should just ignore Constitutional rights?
The 5th (4th and 6th also) is being eroded so much anyway, hey, lets just ignore it.
And if we waterboarded him we might get more from him too. And it'll only hurt him for a little bit. Let's do that.
(sarcasm for those that might not realize)

Anonymous said...

The suspect and his brother demonstrated their capability to wreak destructive havoc in a variety of scenarios...bombing, carjacking, murdering civilians and police officers, throwing bombs at cops, wearing bombs, robbery.

What if they had a domesday bomb set to go off somewhere if they didn't disarm it themselves? I say stick a cattle prod up his ass and fuck Miranda.

Anonymous said...

I heard the interrogators have called a shumie

Anonymous said...

I agree with 8: 21 am. If you have a super case go forward. If the judge suppresses the statement, so what. You can still execute him if convicted and from what we see in the media, boy have they got a case.

I wonder what they will do if he simply refuses to talk?

I got a big kick out of seeing the talking heads on TV all discussing NOT reading Miranda to this guy. It seems to be like a game to them.

Thank God, nothing else has blown up in the last day or so.

Let me be the one to administer the lethal injection to that asshole who killed innocent people.

Anonymous said...

I disagree that the "Constitution" is being suspended. As other folks already pointed out, the only thing that happens if Miranda isn't read, is that the statements he may make can't be used against him in a subsequent trial. Thus, it seems like the Constitution is in full effect.

Anonymous said...

The problem isn't so much the statements that they are able to get from this guy but the fact that they are depriving him of his right to an attorney. The government doesn't even need the statements as evidence, but a good attorney could probably use the defendant's statements and knowledge of any possible future terrorist activity as leverage (his only levarage at this point) to avoid the death penalty. Without an attorney, this guy has no guarantee that he will get any benefit from cooperating with the government.

Anonymous said...

Shumie sighting! Fed ct. Looking very determined. No jocularity.

Anonymous said...

I agree that the constitution is not being suspended either. Miranda protects against self-incrimination. He already confessed to the carjacking victim that he was the Boston Bomber, so they can use that statement, plus the other evidence against him.

Screw his confession, let the feds stipulate to suppressing his in-custody statements and get everything you can out of him to prevent another 8 year old boy from being blown up.

Anonymous said...

People keep telling me, "It's not Islam. Islam is a religion of peace."

Anonymous said...

I agree with 12:18 - the point here is that the feds are consciously denying him access to counsel.

Anonymous said...

Nice post, Rump. Wish I had thought of this issue before you and put it on the blog. Oops, I did at 10:06 on April 21.

Anonymous said...

Anyone recall how Judge Dresnick was the victim of a terrorist in the 80s while he was in private practice?

Anonymous said...

Hey Butchko, thanks for letting us know you're getting an award.

Anonymous said...

Butchko's award for what? Most Young Black Men Incarcerated?

Anonymous said...

Miranda doesn't mean much. As many who read the blog and post here know, most people waive their 5TH AMENDMENT RIGHTS after being Mirandized. You don't have to be Mirandized to invoke your rights.

Many (including Judges and Justices) refer to "Miranda Rights." There is no such thing, and I believe that the term is meant to downplay one's 5TH AMENDMENT RIGHTS. Miranda exists so that people in custody and subject to interrogation are advised of their 5TH AMENDMENT RIGHTS. You have those rights whether the cops tell you or not.

Anonymous said...

Since 1974, Miranda has not been regarded by a majority of the Supreme Court as constitutionally based; rather, it is a judicially created prophylactic rule.

The police are free to not give Miranda warnings should they choose to do so. You can't sue them if they don't.

Any suggestion this imperils the constitution ignores the last 40 years of constitutional law in this area. But then, when your reaction to such things are reflexively kneejerk, you scream the sky is falling at every opportunity.

Anonymous said...

I think people use Miranda rights as a shorthand for the 5th Amendment rights announced by the Miranda Court.

More disturbing is DOJ'd announced strategy of using the Missouri two-step described in Seibert.

Holder needs to go.

Anonymous said...

Interesting 16:00 p.m. (redundant). I guess you never read Dickerson. Try and then talk about whether SCOTUS has had to concede its constitutional basis. Otherwise the ruling in Dickerson would have been different.


JDS

Anonymous said...

The amount of people saying screw Miranda and, in essence, 5th Amendment rights, really bothers me on a blog with so many defense attorney readers.