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Monday, May 10, 2010

Know Your Rights

WASHINGTON — The Obama administration said Sunday it would seek a law allowing investigators to interrogate terrorism suspects without informing them of their rights, as Attorney General Eric H. Holder Jr. flatly asserted that the defendant in the Times Square bombing attempt was trained by the Taliban in Pakistan.
--Holder Backs a Miranda Limit for Terror Suspects

You have the right to remain silent. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. The Miranda warning arose in response to the 1966 Supreme Court case, Miranda v. Arizona, when a conviction was overturned because the police did not inform the suspect of his constitutional rights. Controversial, sure, but fair enough. No one should be compelled to provide self-incriminatory statements, and this proscription necessitates that people be aware of their rights.

Nowadays, though, one hardly needs to be officially Mirandized to know one's rights: If you've ever watched an episode of "Law and Order," you know 'em.

In spite--indeed, because--of this, we don't understand the Obama administration's logic in not informing suspected terrorists of their constitutional rights. If they've spent any time in the US, they're already aware of the rights. And, even if the suspects are not explicitly informed of their rights--well, let's put it this way: Does the administration think terrorism suspects are so deferential to the authorities that they will feel a need to cooperate with the nice policeman unless they are told they don't have to?

Upon taking office, President Obama wanted to signal a break from the more egregious unconstitutionality of the Bush regime. What purpose is served by withholding Miranda warnings from terrorism suspects? The warning should be recited, shouted--posted on the walls of police stations in English and Arabic and Urdu. It's a small reminder of the sometimes questionable civility of the nation upon which these people have allegedly declared war.

3 comments:

  1. Well, it is a bit disgusting when hardened criminals get off because someone forgot to recite their rights to them. Still, it's an odd law change for the President to be pushing for. Because it also reminds the police what a prisoner's rights are, and they know that you know, and you know that they know that you know... which keeps us all a bit more civilized.

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  2. A little history: The "Miranda" warning was necessitated in a time when, among other things, shows like "Law & Order" were not on the air (shows you how long ago THAT was)and all too many poor/illiterate people were being subected to the whims of police types who counted on their (the P/I) fear of cops to browbeat and, not infrequently, just beat, confessions out of people to, well, basically, clear cases. These were mostly used in cases where there was no publicity; no ACLU involvement; no nothin'. The Miranda case (after which the warning was named, of course) held that the accused (Miranda) would not have confessed to the crime of which he was charged had he known that he was entitled to legal counsel.. which he, and you, and I, and even Dick Cheney, was/is, because he was (probably) not guilty but scared of the legal system as he saw it. Bear in mind: MIRANDA (the case/warning) does not now, NOR DID IT EVER, restrain or expand the rights that were, even then, ON THE BOOKS. ALLLLL "Miranda" does, all it has ever done, is make it mandatory to TELL the accused what these rights are. Yes, by now, everybody (including my 4 year-old grandson) knows these rights. Yes, overzealous judges and a "too-strict" reading of the law have allowed some people to get off because some cops are too lazy to read these rights. But to suggest that, in America 2010 the reading/non-reading of Miranda IN ANY WAY affects the testimony/outcome, etc. of ANY case. Is the most idiotic, arranht, stuoid, lame-brained, idea in the world. Or, to put it another way: Politics as usual.

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  3. Ah, this smells just like the AZ decision...taking a pre-existing law and re-wording it to fit the needs of law enforcement?

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