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Mr.Pain

(52 posts)

38. Due process is supposed to be guaranteed for every citizen.

Sat Apr 20, 2013, 12:00 AM

Apr 2013

It's not just a matter of questioning, he also has the right to an attorney, and to have that attorney present during questioning. He is a U.S. citizen after all. What he is accused of is a horrendous act, we can all agree on that. Without the Miranda rights they could easily coerce,(or torture), any story they want out of him, without an impartial witness. It would be best that a lawyer were present during questioning to make sure that, (1) the real and true motive is discovered, (2) any other persons involved would be noted for investigations sake, (3) that there is no cover up, tortured confessions, or conspiracies. To not Miranderize him gives authorities the chance to cover up any discrepancies, mislead the public as to true intent and or motive as well as remove other potentially sensitive co-conspirators in the name of public safety and or national security.
After all this isn't the 15th century and he is not a witch.

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No Miranda rights for now for bombing suspect [View all] kpete Apr 2013 OP

yeah fuck the constitution!!11!!! Kali Apr 2013 #1

Did Dzhokhar and Tamerlane Tsarnaev care about the Constitutional rights.... LovingA2andMI Apr 2013 #5

does any criminal? Kali Apr 2013 #9

We ARE BETTER THAN THEM! LovingA2andMI Apr 2013 #14

Good God vrp Apr 2013 #25

Thank you. defacto7 Apr 2013 #55

Agreed Sherman A1 Apr 2013 #70

Agreed! nt avebury Apr 2013 #80

Yes, God is good LovingA2andMI Apr 2013 #86

Are you for fucking real? premium Apr 2013 #94

Groupthink, I see/read... LovingA2andMI Apr 2013 #103

You need a civics class! vrp Apr 2013 #101

So, again.... LovingA2andMI Apr 2013 #102

What about me? vrp Apr 2013 #105

President Obama's LovingA2andMI Apr 2013 #107

Naturalized citizens have every right natural-born Americans have Daniel537 Apr 2013 #121

Nope, sorry. Thanks for playing. eggplant Apr 2013 #27

He's a muslim. Arrowhead2k1 Apr 2013 #42

No "Game Playing" required or necessary, instead LovingA2andMI Apr 2013 #89

Why do you hate America and out Constitution? kestrel91316 Apr 2013 #47

So since the President of the United States LovingA2andMI Apr 2013 #90

Inquiring minds want to know why you're here premium Apr 2013 #95

Because... LovingA2andMI Apr 2013 #106

And some of us are in an awful hurry to stop being better. n/t Orsino Apr 2013 #73

did you say the same John2 Apr 2013 #76

If you don't make Constitutional Rights and Miranda avebury Apr 2013 #78

In this case I agree with you. I cried over that little boy....crying right now. n/t SylviaD Apr 2013 #122

The constitution defines how the GOVERNMENT is supposed to behave adieu Apr 2013 #21

Perfect. Nicely put. Ed Suspicious Apr 2013 #65

People like you really scare me! Wind Dancer Apr 2013 #48

If you apply your theory, there would never be any Miranda rights, JDPriestly Apr 2013 #49

Exactly.... Well said.... midnight Apr 2013 #100

I was waiting for the punchline... but you seem to be serious cthulu2016 Apr 2013 #50

With your logic Bush/Cheney should be shot bjobotts Apr 2013 #59

Welcome to DU. n/t Orsino Apr 2013 #74

So we beome just like them? atreides1 Apr 2013 #82

He is a citizen just like you curlyred Apr 2013 #93

Yes, the Constitution should only apply to shoplifters Hugabear Apr 2013 #120

Fuckin' A! Miranda rights are only for good guys! RufusTFirefly Apr 2013 #16

as long as we are SAFE! safe, watching the tee vee Kali Apr 2013 #19

I feel a wave of patriotism coming over me. Guess I'd better go out and shop! RufusTFirefly Apr 2013 #24

let's not forget it's just a "damn piece of paper" Mira Apr 2013 #20

Yeah, fuck the Constitutiion! As W said it's just a piece of paper. And, thank Jeebus, our wonderful kath Apr 2013 #22

Mob rule huh. Just hang 'em.Graham gooberism. bjobotts Apr 2013 #62

Any statement made would not be used in a trial. Ikonoklast Apr 2013 #26

Completely unnecessary. And the information gained would not save lives. JDPriestly Apr 2013 #52

And you know this how, exactly? Ikonoklast Apr 2013 #83

Thank you! LovingA2andMI Apr 2013 #88

The Supreme Court has said statements made can be used at trial. former9thward Apr 2013 #97

Do you understand the Miranda rule? geek tragedy Apr 2013 #40

It is unnecessary. It will not be difficult to get this young man to talk. JDPriestly Apr 2013 #53

I understand the thinking ... brett_jv Apr 2013 #2

Not if the NDAA has anything to say about it..... midnight Apr 2013 #3

Not unconstitutional at all. The only prohibition is using what was said during custodial 24601 Apr 2013 #4

They're invoking a SCOTUS "public safety exception" to DirkGently Apr 2013 #8

The "Public Safety Exception" is broad, but it still has its limitations happyslug Apr 2013 #18

It appears to be part of this administration's terror policy. DirkGently Apr 2013 #30

Makes sense. JDPriestly Apr 2013 #58

Propably why the official described the public safety exception and then said, "...and to try 24601 Apr 2013 #75

Exactly LovingA2andMI Apr 2013 #108

Does he have the right to deny post-Miranda what he said pre-Miranda? JDPriestly Apr 2013 #56

You are asking TWO questions, use of pre Miranda to impeachment a Witness AND use for other purposes happyslug Apr 2013 #87

Miranda Rights only kick in if you want to question the suspect. happyslug Apr 2013 #6

You are generally correct jberryhill Apr 2013 #7

Would be helpful to know if they were coached in their bomb-making and event planning... JudyM Apr 2013 #13

That does NOT come under the Public Safety Exception to the Miranda Rule happyslug Apr 2013 #23

In the interest of neutralizing any imminent threats from others in their group, if there is a group JudyM Apr 2013 #123

It's remarkable how few people understand that kudzu22 Apr 2013 #43

Good points. They do not need to set aside his Miranda rights. JDPriestly Apr 2013 #60

Thank you George W. Bush and Dick Cheney BanTheGOP Apr 2013 #10

And Barak Hussein Obama for walking down the same path. It is his fucking call... Purveyor Apr 2013 #29

All Miranda rule means is that they can't use what he says against geek tragedy Apr 2013 #41

Thank you! LovingA2andMI Apr 2013 #109

It Also Means RobinA Apr 2013 #117

miranda rights just get in the way of justice dmrtndl1 Apr 2013 #11

Look to the Hague.Last administration's home. bjobotts Apr 2013 #64

So his confession will be inadmissable... bhikkhu Apr 2013 #12

I think you will find extreme exigent circumstances here allowing questioning around other possible RBInMaine Apr 2013 #15

I have a tough time with this but - I still need to think about this one jg15 Apr 2013 #31

But why risk it. It takes less time to recite DeadEyeDyck Apr 2013 #91

I think the reasoning of the Public Safety Exception bhikkhu Apr 2013 #92

It Does Seem RobinA Apr 2013 #118

I Don't Understand these Ridiculous Decisions! mckara Apr 2013 #17

Lindsey Graham vrp Apr 2013 #28

Well look on the bright side! BethanyQuartz Apr 2013 #112

It's been constitutional since 1980: Public Safety Exemption (New York v. Quarles) frazzled Apr 2013 #32

So basically they need some time to torture him........Obama is no better than bush on civil rights bowens43 Apr 2013 #35

If that does indeed happen (which I don't think it will), and THEN he gets to have his day in court? Volaris Apr 2013 #51

Good lord frazzled Apr 2013 #72

Flame bait ... eom Kolesar Apr 2013 #81

if the feds have enough evidence to convict without a confession rollin74 Apr 2013 #33

It isn't about that--it's about getting him to talk about where he got his bomb making help. MADem Apr 2013 #68

Obama Bush...... meet the new boss, same as the old boss bowens43 Apr 2013 #34

Really? LovingA2andMI Apr 2013 #110

It Strikes Me RobinA Apr 2013 #119

. blkmusclmachine Apr 2013 #36

Ugh. We are supposed to be better than this... AzDar Apr 2013 #37

Due process is supposed to be guaranteed for every citizen. Mr.Pain Apr 2013 #38

I have to remind folks Adam-Bomb Apr 2013 #39

The one in custody became a citizen kudzu22 Apr 2013 #44

That can be revoked though. cstanleytech Apr 2013 #46

Yes they are--the kid got citizenship on 911, ironically. Or not. MADem Apr 2013 #67

Good point LovingA2andMI Apr 2013 #111

"this will backfire" Maybe, maybe not. cstanleytech Apr 2013 #45

I stand with the administration to make the decisions necessary for public safety. MOTRDemocrat Apr 2013 #54

Creepy lockstep loyalty plus gutter-level guilt by association RufusTFirefly Apr 2013 #61

And I got $50 that says that if the opposite had happened ... brett_jv Apr 2013 #98

Yep that's the Department of InJustice for ya..... DeSwiss Apr 2013 #57

He gets full rights or this isn't the USA. nt delrem Apr 2013 #63

Was this guy even coherent enough to be questioned ? steve2470 Apr 2013 #66

Martial Law and this... down the rabbit hole we go jakeXT Apr 2013 #69

While I think the suspect... awoke_in_2003 Apr 2013 #113

Read him is rights. GreenStormCloud Apr 2013 #71

You are joking right? John2 Apr 2013 #79

Actually, that is a valid point. Even after being Mirandized, Ikonoklast Apr 2013 #84

Obviously, you don't understand. GreenStormCloud Apr 2013 #116

What's the big deal? secondvariety Apr 2013 #77

Read him his rights walkerbait41 Apr 2013 #85

sure soon they will read him his rights. republicans may call for him only in the Fed system. Sunlei Apr 2013 #96

It's amazing he's still alive. Nika Apr 2013 #99

It is amazing he is alive. Twice, a hail of police bullets. Sunlei Apr 2013 #104

Rachael Maddow Explains Why Dzhokar Tsarnaev was not read his Miranda rights.. Cha Apr 2013 #114

Every single day, our rights being dismantled woo me with science Apr 2013 #115