I Am Shocked–Is Miranda on Its Deathbed
May 11th, 2010 by David Anderson
AG Eric Holder wants legislation to give him more latitude in issuing Miranda warnings for International Terrorism. Will then nearly 50 year battle to reign in the Miranda ruling launched by Senator Strom Thurmond be won by the Obama Justice Department?
Wouldn’t an easier solution be to let intelligence officials do their questioning then give Justice and law enforcement their chance. Holder has been in a rush to Mirandize in this case just like the others. The sheer weight of the intel from the mere three hours allowed intelligence officials has shaken the biggest skeptic of treating this like a war. He still isn’t there, but at least he is finally awaken. The last three attacks failed by grace, we need to take our security seriously. Jon Stewart said it well, what are we going to do when someone other than the Keystone Cops attack us?
You seem conflicted.
You seem conflicted.
You sure aren’t. Not a word about Obama’s outright continuation — and more — of GW Bush’s anti-terror policies. And your putzes say that Republicans care only about party and not country??
LMAO!!
Here’s a clue Eric:
STOP ANNOUNCING OUR F**KING PLANS TO THE ENEMY!!
You freaking nitwit. Eric Holder and Barack Obama are the kind of people that get our men and women fighting wars overseas killed.
If I’m a terrorist and I know that the United States won’t torture me, will give me due process rights, a lawyer, a bed, a group of other criminals to mentor, three square meals a day, a library, gym, job and medical treatment after I detonate a bomb that kills 10,000 people AND I believe (as Muslims do) that once I take out a few infidels that I will be blessed with 40 virgins and live like a king in the promise land…why not drive a truck into the base of the Empire State Building and just see what happens?
Now, if I’m said terrorist and I know that the last terrorist idiot that tried some sh*t in America was sent back to the Al Qaeda leadership in seperate boxes with the return address label showing “The Pentagon” and a letter in each box that said “From Barack…LOVE YOU!” I’d think twice about going down to the local terror camp. Maybe I’d still do it…but maybe that trigger finger wouldn’t work so well.
You still have your Miranda rights whether you are read the warning or not.
I think the problem you guys have is with the underlying rights, not the reading of the warning.
If cops aren’t going to read the warning any more, perhaps we need to start handing out Miranda cards to every schoolkid, and tucking them into your folder when you arrive through Customs.
“I think the problem you guys have is with the underlying rights, not the reading of the warning. ”
Strike 1 for anon
The problem isn’t with the rights kiddo. It’s with the fact that these rights are granted to non-citizens. And before you get all citizen of the world on me, there are some BASIC rights bestowed by God (life, liberty, pursuit of happiness, property, etc.) that society cannot take away from anyone without due process of law. There are OTHER societal rights that are spelled out within the Constitution as applying to American citizens. For instance, America is not bound to allow the North Koreans to ship over 5 million “peaceful demonstrators” who are not American citizens in order to assemble on the streets of D.C. However, if 5 million Korean American assembled in Washington to demonstrate we are bound to respect their free speach rights. See the difference? Probably not, I’ll move on.
“If cops aren’t going to read the warning any more, perhaps we need to start handing out Miranda cards to every schoolkid, and tucking them into your folder when you arrive through Customs.”
Strike 2!
This is where that old Jeffersonian principle of “education” comes in to play. If we actually TAUGHT the Constitution, Declaration, etc. we would understand these rights inherently without the need for it being read to us. In fact, I contend if we had this kind of education there would be far fewer arrests in general.
The problem isn’t with the rights kiddo. It’s with the fact that these rights are granted to non-citizens.
FAIL – Miranda rights are based on the Fifth and Sixth Amendment, which apply to citizens and non-citizens alike.
The idea that Americans have the right to stand up to an overbearing cop is not immediately obvious until somebody points it out to you. It needs to be explained explicitly, with examples.
The idea that Americans have the right to stand up to an overbearing cop…
See? It is such a common mistake, I made it myself. The rights apply to “persons,” not just “Americans.”
The problem isn’t with the rights kiddo. It’s with the fact that these rights are granted to non-citizens.
FAIL – Miranda rights are based on the Fifth and Sixth Amendment, which apply to citizens and non-citizens alike.
What gave you that impression? The Constitution is our founding document and written only for American citizens. There’s no dispute of that.
The idea that Americans have the right to stand up to an overbearing cop is not immediately obvious until somebody points it out to you.
Liberal angst in the presence of authority…gotcha. There are bad cops yes…and good ones…liberals label all cops bad until they need one. Most cops aren’t going to be “overbearing” unless you’ve done something wrong or are already being disrspectful in the face of authority.
If those rights belong to “people” in general, how come we don’t go over to China and “Read em their rights”?
The Constitution is our founding document and written only for American citizens. There’s no dispute of that.
Funny how the people who talk about the Constitution so much get the simplest things wrong.
The Fifth and Sixth Amendments (the ones Miranda is based on) apply to “persons.” You can look it up.
Are you saying that non-citizens in the US aren’t persons?
how come we don’t go over to China and “Read em their rights”?
Actually, Obama did exactly that.
“how come we don’t go over to China and “Read em their rights”?
Actually, Obama did exactly that.”
And how’s that workin out for yah? Any traction on getting the Chinese to recognize their own citizens as “people”?
“The Fifth and Sixth Amendments (the ones Miranda is based on) apply to “persons.” You can look it up. “
The problem is that it’s within our United States Constitution which means we can only apply these laws to CITIZENS of the United States of America.
The problem is that it’s within our United States Constitution which means we can only apply these laws to CITIZENS of the United States of America.
Evan: anon is correct. Even illegal aliens have a right to Miranda rights. This has been settled law for some time.
The fact is that we should issue a formal declaration of war. It is not a matter of whether the person is a citizen or not, but whether or not they are engaged in this war with us. Holder and company are playing cops and robbers while the other guys are playing guerilla war.
It is not a matter of whether the person is a citizen or not, but whether or not they are engaged in this war with us.
How do you know any of those things when you are arresting somebody?
Where in the Constitution does it say that authorities need to explain the Constitution, and the rights conveyed therein, to offenders? It doesn’t…’Miranda’ is another made-up ‘right,’ like abortion.