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DevonRex

(22,541 posts)
21. LOL. Only everything. The whole purpose of the exception is to question the suspect.
Tue Apr 30, 2013, 12:49 PM
Apr 2013

Without counsel. You did realize that the right to an attorney is part of Miranda, didn't you? As soon as the charges against Dzhokhar were signed by the Justice Department on Sunday (which the Justice Department did not have to do so quickly) it meant that the magistrate would meet with him on Monday to Mirandize him. That gave the team of interrogators 16 hours (with Dzhokhar on pain meds, falling asleep at times) to ask him questions in the hospital. He responded to those questions in writing.

The magistrate brought a provisional court-appointed attorney with her to speak with Dzhokhar. They met briefly before the magistrate came in. Then the magistrate Mirandized him. Then the necessary financial information was obtained to ensure he qualifies for a court-appointed attorney. I'm sure much of it was permission to obtain it from his school and the IRS and his bank.

Most defendants have to wait days and even longer to speak to an appointed attorney. They don't grow on trees. They're overworked. And the defendant has to qualify first. Dzhokhar had one brought to him in the hospital. That was pretty nice of the magistrate. I think it was a good thing to do. The right thing to do. I agreed with using the exception. But I also am proud of the rights we afford even to people like Dzhokhar.

Recommendations

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Contrary to popular belief, this is nothing new. Ikonoklast Apr 2013 #1
Then what exactly does due process of law mean? n/t malaise Apr 2013 #2
Even after they Mirandize you, they will still try to get you to talk. Ikonoklast Apr 2013 #3
No. Not really. Ms. Toad Apr 2013 #4
Didn't say it would be admissable, or even legal. Ikonoklast Apr 2013 #5
Have fun playing word games. n/t Ms. Toad Apr 2013 #7
Doesn't matter what the police do, once someone asks for a lawyer, nothing the police do after sabrina 1 Apr 2013 #11
Read Post #3. I meant exactly what I said. Ikonoklast Apr 2013 #16
No I have not. And I am not doubting you that the police do not respect the law. sabrina 1 Apr 2013 #19
Not really Vinnie From Indy Apr 2013 #32
I agree with you. Technically. gvstn Apr 2013 #9
An alternative to waterboarding ... ? Myrina Apr 2013 #22
I found the term gvstn Apr 2013 #33
Now you dreamed up torture in the Boston hospital. DevonRex Apr 2013 #34
And a little more of our Civil Rights go down the drain Savannahmann Apr 2013 #6
This message was self-deleted by its author DevonRex Apr 2013 #8
"but that request was ignored since he was being questioned under the public safety exemption". DevonRex Apr 2013 #10
What did he 'get wrong'? Did you even read the article? Greenwald is referencing the LA Times sabrina 1 Apr 2013 #12
Greenwald is incorrect in describing the denial of counsel as substantially different than geek tragedy Apr 2013 #14
Greenwald is correct to point out that once a suspect asks for an attorney, the questioning sabrina 1 Apr 2013 #36
NO NO NO. PUBLIC SAFETY EXCEPTION WAS IN EFFECT. nt DevonRex Apr 2013 #44
I see. Got it. nt Honeycombe8 May 2013 #58
IMO, this breach of protocol only relates to admissibility of evidence Zorra May 2013 #50
Yes, I think this is Greenwald's point. Not so much about this case, but the general abuse of sabrina 1 May 2013 #57
Any prejudice he suffers from being questioned after geek tragedy May 2013 #56
The justice department already said that they would not use any of the statements so gained Yo_Mama May 2013 #51
LOL. Only everything. The whole purpose of the exception is to question the suspect. DevonRex Apr 2013 #21
The exception was only for 48 hours. Greenwald was referring to the LA Times claim that sabrina 1 Apr 2013 #38
LOL. NO. IT IS DURING THE EXCEPTION PERIOD. Read the LA Times story. DevonRex Apr 2013 #39
That is a QUOTE from the FUCKING LA TIMES ARTICLE. Quote Marks. Notice them. DevonRex Apr 2013 #46
Same difference as not Mirandizing--they get to move to exclude the statements given geek tragedy Apr 2013 #13
Where are all the assholes who argued about miranda exceptions? Gravitycollapse Apr 2013 #15
"...virtually unheard of..." Implies there is case law that addresses this. randome Apr 2013 #17
Wait, ProSense Apr 2013 #18
"interagency High Value Detainee Interrogation Group " Myrina Apr 2013 #20
That IS weird since these guys are IN the govt and ARE accountable. DevonRex Apr 2013 #23
oh Jesus already, just look at the damn title Myrina Apr 2013 #24
The LA Times article is good. This one is trash. DevonRex Apr 2013 #26
Accountable, to whom? Savannahmann Apr 2013 #42
Fast and Furious, really?? OMFG. I see now. DevonRex Apr 2013 #43
Fast and Furious is not a RW Meme Savannahmann Apr 2013 #45
LOL! DevonRex Apr 2013 #47
It's a shame you're so ill informed Savannahmann Apr 2013 #48
Greenwald. LOL...nt SidDithers Apr 2013 #25
He seems to be getting desperate. That's DevonRex Apr 2013 #27
I'm waiting for the inevitable 2 or 3 updates... SidDithers Apr 2013 #30
Once a suspect demands an attorney, police and FBI are obligated to kestrel91316 Apr 2013 #28
Not with the public exception. But you have to understand what miranda is about and what all of due stevenleser Apr 2013 #29
Miranda Rights? All I can think about is those 3 dead (1 child) and the hundreds injured and maimed demosincebirth Apr 2013 #31
Funny, where is our local law experts? Rex Apr 2013 #35
Read the LA Times story. I linked to it above somewhere. DevonRex Apr 2013 #40
We'll have to see if this is true. First, he could barely talk. Honeycombe8 Apr 2013 #37
This is NOT TRUE. The LA Times article he refers to says it was during the exception DevonRex Apr 2013 #41
It will not matter KinMd Apr 2013 #49
I agree, but think publicizing what he said makes it impossible to get an impartial jury Justice May 2013 #52
Somebody here seems to have decided to pound the table. Demit May 2013 #53
It's not like he's an American citizen or anything burnodo May 2013 #54
The boy should have just told them "fairy tale stories" to make them avebury May 2013 #55
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