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Okay, Dzhokhar Tsarnaev has been captured. What next? Intelligent people would look to the law for that answer. Intelligent people would study the law and not make up lies to conform to their warped view. Not so Glenn Greenwald. Why? Because Glenn happens to suffer from that all too familiar “Obama Derangement Syndrome” that has inflicted many a former so called logical person since January 20, 2009 when Barack Obama took the Oath of Office and became the 44th President of the United States. Glen Greenwald’s latest drivel (click on his name to read it if you wish) claims President Obama has rolled back Miranda Rights and will do the same for Tsarnaev instead of following due process of the law. People connected with reality, know that’s hogwash. Doug Mataconis’s, @Lawscribe’s (that’s his twitter handle), and Orin Kerr’s articles clear up the stink in the air.
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Dzhokhar Tsarnaev, Miranda, and The Public Safety Exception
Doug Mataconis: As James Joyner has already noted this morning, Boston Marathon bombing suspect Dzhokhar Tsarnaev will, at least initially, not be read his Miranda rights and authorities will attempt to question him regarding the plot that he engaged in with his brother, whether the two of them had any assistance from others in the United States or elsewhere, and presumably whether there are other bombs out there. While ordinarily police give the warnings required by Miranda v. Arizona fairly soon after someone is arrested, in this case authorities are relying on what’s called the “public safety” exception to Miranda
Before getting into a discussion of the “public safety” exception, it’s important to recognize what Miranda does and does not require, and what the consequences are if the police do not comply with it properly. Contrary to the conclusion that most people are likely to gather from watching crime dramas like Law & Order, officers are not required to give the warning before they arrest someone and failure to give the warning will not result in dismissal of the case. Miranda is more properly seen as an evidentiary rule that the government must follow if it wishes to interrogate a suspect and eventual defendant and use whatever statements that interrogation elicits against him in court. If a suspect is not given his or her Miranda warnings and the state then attempts to utilize post-arrest statements against him, then the government will generally be barred from using that statement against him in Court.
Read more here (This is a MUST read)
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