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He IS an American citizen and has the same rights as ALL American citizens.
If he were NOT a citizen, I couldn't care less what they do with him.
The constitution giveth and the constitution taketh away.
When will such crazy posts stop? We are shooting ourselves daily in the foot trying to follow "rules". We do it on other levels, like opening this country to every mad dog that hates America (we need to be fair). There are unbalanced folks who worry more about this terrorist rights (every terrorist is someone's freedom fighter) and the Yemenite cleric rights.
Me defend the government actions? What the hell are you talking about?
You: Oh for gods sakes, he was just arrested yesterday.
Has he been questioned yet? If not, he doesnt need to be mirandized..
And even if he was questioned, if the information isnt going to be used to prosecute, i.e. just obtain information about other actions taking place, then he still doesnt need to be mirandized..
Doesnt anyone here know the law?
and,
He's a US Citizen, on US soil, and miranda warnings are still not required..
PERIOD..
These two statements insinuate the the government or law enforcement is not required to inform a suspect of his rights, but that is absolutely wrong. They are required to do so upon arrest ... not before arrest however. Prior to arrest, they must inform you that you are not compelled to answer any questions and are free to leave. After being placed under arrest, they are required to issue the miranda warning. Failing to do so is a violation of your constitutional rights, as stipulated by the Supreme Court in 1966, Miranda vs The State of Arizona.
Anthony Romero, the executive director of the American Civil Liberties Union, said it would be acceptable for the FBI to ask the suspect, Dzhokhar A. Tsarnaev, 19, a naturalized U.S. citizen, about ‘‘imminent’’ threats, such as whether other bombs are hidden around Boston. But he said that once the FBI gets into broader questioning, it must not ‘‘cut corners.’’
How would it be acceptable to ask question that would incriminate him prior to his miranda warning? Would he recieve immunity?
How does that even make sence?
Then Grahm and McCain want him deemed an "enemy combatant"...held without Miranda warning or Lawyer.
There is no constitutional right to be mirandized. There is only protection from using information you disclose, against you.
As long as they arent going to bring up what you say in court, or even ask you questions, there is no need to be mirandized.
I have to ask myself how so many people can live in a country, but not comprehend basic 101 of our laws.
Well that makes all kinds of even more sense then doesn't it. I guess the folks saying he might know something so whatever he says will never be brought up in a court?? Is that the story now?
Well that makes all kinds of even more sense then doesn't it. I guess the folks saying he might know something so whatever he says will never be brought up in a court?? Is that the story now?
I suggest you read up on Miranda Rights before further discussing the topic. You'll find your answer pretty quickly.
You: Oh for gods sakes, he was just arrested yesterday.
Has he been questioned yet? If not, he doesnt need to be mirandized..
And even if he was questioned, if the information isnt going to be used to prosecute, i.e. just obtain information about other actions taking place, then he still doesnt need to be mirandized..
Doesnt anyone here know the law?
and,
He's a US Citizen, on US soil, and miranda warnings are still not required..
PERIOD..
Those are all FACTS..
Quote:
Originally Posted by GuyNTexas
These two statements insinuate the the government or law enforcement is not required to inform a suspect of his rights, but that is absolutely wrong. They are required to do so upon arrest ... not before arrest however. Prior to arrest, they must inform you that you are not compelled to answer any questions and are free to leave. After being placed under arrest, they are required to issue the miranda warning. Failing to do so is a violation of your constitutional rights, as stipulated by the Supreme Court in 1966, Miranda vs The State of Arizona.
They are not required to read you your rights upon an arrest.. And the Supreme Court ruling Miranda Vs The State of Arizona actually validates that to be true.
That case was because they used the informatino PROVIDED to convict him.. He was still retried and convicted based upon OTHER evidence, without his miranda warnings ever being read to him.
Well that makes all kinds of even more sense then doesn't it. I guess the folks saying he might know something so whatever he says will never be brought up in a court?? Is that the story now?
Whatever he says wont convict him even more than he's going to be convicted. They have photos, videos, evidence in his home, I would assume computer evidence etc..
There are lots of people in jail who have never been mirandized..
How would it be acceptable to ask question that would incriminate him prior to his miranda warning? Would he recieve immunity?
How does that even make sence?
Well, technically - Miranda only pertains to the use of his words as evidence in court. No immunity about it. If somebody takes a leak on a police car in front of two officers and the dashboard cam, he probably won't be Mirandized either. There's no need for his testimony. Doesn't provide him immunity - he will be sentenced on the evidence.
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