The "Public Safety" Exception to Miranda(fbi.gov)
fbi.gov
The "Public Safety" Exception to Miranda
https://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest
2 comments
Also of note: http://en.wikipedia.org/wiki/Miranda_rights#Application_of_t...
It's only necessary to mirandize someone prior to interrogation, it does not have to happen immediately at the point of apprehension.
Additionally, there are some reports that Tsarnaev was, in fact, mirandized when he was taken into custody.
As an aside, I find it ridiculous that anyone is wanting to treat this suspect as an "enemy combatant". What possible advantage is there to that? What legal justification? My take is that people want to short circuit the justice system and I find it appalling that such a tendency is even remotely commonplace.
It's only necessary to mirandize someone prior to interrogation, it does not have to happen immediately at the point of apprehension.
Additionally, there are some reports that Tsarnaev was, in fact, mirandized when he was taken into custody.
As an aside, I find it ridiculous that anyone is wanting to treat this suspect as an "enemy combatant". What possible advantage is there to that? What legal justification? My take is that people want to short circuit the justice system and I find it appalling that such a tendency is even remotely commonplace.
Also, it is perfectly acceptable for them to not ever read him the Miranda rights. They just won't be able to use those statements against him in court. Not like they're gonna have trouble convicting him anyways.
"My take is that people want to short circuit the justice system and I find it appalling that such a tendency is even remotely commonplace."
Agreed. The whole point of treating suspects with respect is because they are just that: suspects! Not everyone who is arrested is guilty, even if it's the military or FBI doing the arresting, and even if we need to "speed things along".
These are scary times we live in when this not only happens, but is accepted by society. People should be outraged.
Agreed. The whole point of treating suspects with respect is because they are just that: suspects! Not everyone who is arrested is guilty, even if it's the military or FBI doing the arresting, and even if we need to "speed things along".
These are scary times we live in when this not only happens, but is accepted by society. People should be outraged.
My understanding of the "enemy combatant" classification is that constitutional protections no longer apply. He can be sent up for extraordinary rendition and effectively, disappeared.
Even a cut and dried "enemy combatant" has legal protections and can't simply be "disappeared".