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That depends on the law violated and the circumsatnes.For example a wrrant is required i a assult thatthe police did not witness with no other witnesses. nut that does not aplly i most states to family violence.One always has to realise that maranda only applies admissablity i a court of law of evideence obtail thru it. Inthis case a se pecific law allows certai eprosns to querstion the accused but that evidence is not allow in testimny i court same as when court rules on any testmoany of law enforcemnt.Lots of excemptions such as police askig drivers in wrecks they are investiaging altho one could reasonably assume they will issue tickets to one of the drivers likely.There are alot of exceptions.
They are talking about whether treating him as a enemy combatant. That is what I'm referring to. I guess you got lost in your know it all nothing banter about the actual debate being had by folks like Lindsey Grahmnesty.
I assume you finally researched Miranda Warning, realized you were misinformed, and now are attempting to take this topic to a new direction
Agreed, but once again, even us citizens arent required to be mriandized unless
A) They are being interrogated
AND
B) That information will be used to prosecute him, and not just obtain information for other reasons.
To explain this,
People can be arrested, and thrown in jail, and never questioned.. (lots of people are)
or
People can be questioned about other activities you might know about, and provided these other activities arent used to prosecute you, then you still dont have to be mirandized, if its only to obtain information.
The right to maintain silence...really is not realistic. You also have the right to talk and lie. The problem is in the technique of interrogation. Once a person opens there mouth if they are not skilled or trained liars or lawyers..the interrogator looks for contradictions. The right to remain silent is to grant protection to the weak who may also be weak of mind and can not protect themselves on an intellectual basis.
It is a flawed right and law. It may also be an American invention. I don't believe that they have this measure in Canada. They simply arrest you and you get one phone call, too a lawyer if you have one. That lawyer will instruct you...usually the cops are listening in on another line. The instructions that the lawyer usually gives are brief. It usually consists of "shut up and say little"..
Our British style system is less harsh than yours. It's very formal with less drama. If you are charged you usually see a judge the next morning..Not long ago a Justice of the peace may arrive at the station...and if they see you are not a threat and can speak well - they send you home with a promise to appear...few people fail to appear.
I really do not have a point here other than showing that American law talks more about rights and freedoms. Where as Canadian law does not pretend that you have rights that you don't really have. I guess Canadian authorities are honest crooks where as American ones like to keep up the idea that there is justice, We here know that there is no justice....They quickly figure out if you are on their team or not. Put simply you are either part of their club or you are an outsider.
There is actually a law in our criminal code that has a term "Killing with the mind" - so if you can drive another into the grave without breaching the law it is legal- but you can not frighten little old ladies to death. If they feel you can kill with the mind- you are instantly on their team...Our judicial crooks don't waste human resource or talent.
Dont know what murderers you are talking about but if they got off, its not because they werent read their miranda warning, it would have been due to a lack of evidence.
Doesn't matter what you guys feel, or think or know.
It's what the DOJ says that matters and the DOJ said it was a-ok.
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You don't understand this issue.
