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Monday, August 2, 2010

Miranda Under Fire

Remember the police warning "You have the right to remain silent, if you give up that right anything you say can be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be provided for you." Now, as of today, you had better get ready to find out what changes have been made to that all too familiar. The Supreme Court has revised the Miranda warning requirements, and added some madness to the game. According to news sources, the Supreme Court has trimmed the decision three times this session.



While they have not repealed the requirement that police officers inform a suspect of their rights of silence and to an attorney, they have limited the information the police officer has to give during the warning. They will not tell a suspect they have the right to have that attorney during questioning, nor will they let the suspect how long it will take to get the attorney. The courts then placed a limit on how long the request for an attorney is valid. If a defendant is released from custody for 14 days, the police can go back at the suspect again and unless the suspect re-invokes his/her right ot silence and an attorney, all over again. The police do not have to read the suspect his rights for a second time.



Now, I agree with law and order as much as anyone else, however not at the expense of anyone's rights. Miranda has actually been turned upside down. Now the one thing that surprises me is that this subject was not front page news. I stumbled on it by accident this morning!



Well, The Courts have went too far. Everyone arrested or taken in for questioning is guilty. Many have no real knowledge of the legal system. How many innocent people have wound up in prisson, even on death row, because of ignorance of the law. There has to be a better way. I used to repect the Supreme Court, as of this, not so much. Now I feel nothing but pity and disappointment. What's next, repealing the right to appeal a wrongful conviction?



Oh well, now we see the true Right Wing.