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While they have not repealed the requirement that police officers inform a suspect of their rights of silence and to an attorney, they have limited the information the police officer has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.

The Verdict is in: Business as Usual

Okay, as I said in yesterday's post, Los Angeles juries are not to swift when it comes to convictions of rogue cops and celebrities. Johannes Mehserle was convicted of involuntary manslaughter in the shooting death of Oscar Grant. Again the message it is ok to shoot an unarmed Black man, as long as you are a policeman still whispers loud. Mehserle faces up to four years in prison. Not that stiff a sentence. Now, if I am not mistaken, the sentencing judge can suspend that sentence and give him probation. I am not sure, because I am not a legal expert. However, when it comes to California, nothing surprises me. Only time will tell.

The worse part is that no one is a winner, no matter what the verdict was. Oscar's family will never see him again. His daughter will ultimately never know her father. Johannes Mehserle has to live with what he did. His career in law enforcement is over. He will always be the guy who shot and killed an unarmed man. Should he go to prison, he will have to be placed in protective custody and he will experience the fate of those he himself has previously arrested, during the course of his short career.

Grief? There is more than enough to go around. I don't know, it seems like the only relief the Grant family might get is in Civil Court. Sound familiar? (Think OJ). The only difference is the city of Oakland has to pay. It seems that in all the cases where an unarmed Black man is killed by police officers, the results always seems to be the city throwing money at the festering wounds. I hope they learn one day. To much pain, too much crying, too much dying.

Oakland Waits for Verdict in Oscar Grant Shooting.

It is a recurring theme in today's society. An unarmed Black man dying at the hands of law enforcement. The trial of Johannes Mehserle, a BART police officer, is in the hands of the jury. Seversal months ago videos of the shooting went viral and millions watched as the tragedy occurred. Mehserle's defense is that he accidently drew his service pistol, instead of his taser, which was alledgedly his intention. Well, the incident and the public reaction lead to a change of venue to Los Angeles. Unfortunately, the Los Angeles court system does not have a stellar reputation in these matters. It appears that rogue cops and celebreties fail to get convicted there.

With that in mind, it is understandable why merchants in Oakland are in fear of civic unrest. After all, following Grant's funeral, rioting occurred. There have calls for calm and peace from all walks of Oakland life, including Grant's mother. You can believe everyone is anxious, even fearful of what may happen. Again, everyone will be expected to accept the jury's verdict. According to the law, that is what is supposed to happen. Usually, of late, it does. Rioting will not solve anything in a case like this. Unfortunately, in cases like these, you never know what a jury might do. I am not taking sides. I saw the video and unless the defendant is just plain stupid, or easy to panic, I cannot really swallow his story. However, I was not there and some things just do not show up in the video.

My primary question is this: "Is this verdict going to to be lawful and just, or just business as usual?"

Republicans Grant the Appearence of Attacking Deceased Supreme Court Justice Thurgood Marshall During Confirmation Hearings.

How pitiful can the Republican Party be? During the confirmation hearings for President Obama's Supreme Court nominee, some ass of a senator from Arizona began attacking the tenure and performance of Justice Thurgood Marshall. Now correct me if I am wrong, has not this gentlemen been deceased for some time? What does the admiration Elena Kagan for the late Justice have to do with anything? Because Elena Kagan mentioned an admiration for the late Supreme Court Justice, she was raked over the coals, but more preposterous was that fact that the late Justice Marshall was also raked over the coals. Who the hell is being confirmed here? The fact that Ms. Kagan has to endure the BS tells me that racism still has a firm foothold in our society. If the Republican Party wants to become inclusive, attacking Justice Marshall is not the way to go. Even conservative Blacks will not stand for that.

From what happened at these hearings today, it appears that Elena Kagan will be confirmed. The only thing they seem to be able to attack her on is the ban on military recruiters on Harvard's campus and her admiration for Thurgood Marshall. In one article I read it was stated, "Elena Kagan will be confirmed, Thurgood Marshall, not so much."

Confederate History Month

This post will be short and sweet. Virginia declared Confederate History Month a few days ago. The beginning of the Civil War is being celebrated as some kind of great thing. Do not get it twisted! The Confederates were traitors; States Rights equals White Supremacy and Slavery; they became the cowardly KKK; they long for the "good ol' days" when every non-white was at best a second class citizen. Confederate History Month is a slap in the face of equality, promotes bigotry and turns back the hands of time. True the Civil War is a part of history and to glorify the Confederate aspects of it becomes a cruel joke. Supporters of this honoring the Confederacy demonstrate how far we really have come. Unfortunately, it has become plain we have not come far enough.

Some Can't the Forest, Because They're Looking At the Trees

I am gonna make this short and sweet: the Tea Party is comprised of a bunch of racists, bigots and zealots looking for a reason to create havoc and stagnate progress. With the economy being what it is; it is the perfect climate for fostering ignorance, hatred and blaming of the new administration. Where were they when Bush and Cheney where wrecking this country's economy and place in the world?

I am fed up with Sarah Palin, Glen Beck and Rush Limbaugh. They have the right to their opinions, no matter how assinine they are. What is scary, they have so many knuckleheads listening to that garbage. They are provocative to the point of some ignorant bigot taking their rhetoric as gospel and going postal on a bunch of innocent people. Funny, they criticize politicians, but they have their own politicians who do the very things they complain about, but for them.

I believe in God as I understand him. They claim to be Christians, but I find it hard to believe. However, we all have things to answer for, come judgememnt day. Glen, Rush and Sarah, see you then!

Tea Party? Racist/ Anti Semetics? You Do the Math 2

Tea Party critics accuse them of bigotry and racism. GUILTY! The public does not get to see the overt racist signs nor the rhetoric on the Tee-shirts. Granted, I do not believe all in that movement are bigots and racists, however, if you lay down with dogs, you get up with fleas. I have yet to hear any of the tea party leaders denounce or ask the bigots to demonstrate elsewhere. Their movement, like it or not has become the disguise the bigots needed to promote their messages of hate and intolerance. Unfortunately, our own media bears some of the blame. By the media's refusal to publish the photos of the placards and tee-shirts that spout racist jargon referring to the President, they are as if not more guilty than the party that refuses to address the issue.

The primary excuse the movement claims is that they are protesting fiscal irresponsibility of this administration. Where were they during the past eight years when Bush and Chaney were robbing the American taxpayer blind. They took the Patriot act and turned it into a license to steal. I did not hear of any "Tea Party" then. I believe I heard just the opposite. They protested about Obama's heritage (or what they perceived as Obama's heritage), but no one had anything to say about how the presidency was highjacked twice. As far as I am concerned, no matter how successful the healthcare effort ends up, because it was spearheaded by an administration led by a Black man, there will always be a problem.

That is just plain ignorant!