OT--One bombing suspect dead, the other on the run

[Frog-in-law1995]

He is going to get mirandized, guaranteed. Just a little later.

This. If law enforcement needs answers now to help eliminate an immediate threat to public safety, then they can question him with advising of Miranda rights and still use his answers against him in Court later. Worst case scenario is that a judge rules they should have Mirandized him first, in which case anything he's saying now, right up until they read him his rights later, plus any leads they get that they wouldn't otherwise have gotten (fruit of the poisonous tree) is out. But I don't think they'll need anything more than they already have to convict him.

 

[TCURiggs]

I'm one of those people. I want the liitle bastidge to fry, but I'd like the justice system to operate on rules that people don't pull out of their [Craig James]es, too. I'd like to think some computer glitch won't identify me as a high-value suspect some day. (I like the Caribbean and all, but Gitmo is a minus ten star resort.)

Understandable. To me, it's just one of those deals where it's obvious that he's a sick SOB and deserves to rot in hell, so I don't really care what you say to him before he gets there. I see your point though.

 

[Hunt Together]

I just don't understand why they'd take the risk of creating a legal loophole/controversy by taking 30 seconds to Mirandize him. Is it just out of disrespect?

 

[jake102]

I'm one of those people. I want the liitle bastidge to fry, but I'd like the justice system to operate on rules that people don't pull out of their [Craig James]es, too. I'd like to think some computer glitch won't identify me as a high-value suspect some day. (I like the Caribbean and all, but Gitmo is a minus ten star resort.)

Disagree. Until computer glitches because reality, it's a non-issue.

 

[jake102]

I just don't understand why they'd take the risk of creating a legal loophole/controversy by taking 30 seconds to Mirandize him. Is it just out of disrespect?

I would maybe guess it opens up other loopholes in the interrogation process. And if nothing else, it's a good way to disrespect him.

 

[macaroni]

I'm one of those people. I want the liitle bastidge to fry, but I'd like the justice system to operate on rules that people don't pull out of their [Craig James]es, too. I'd like to think some computer glitch won't identify me as a high-value suspect some day. (I like the Caribbean and all, but Gitmo is a minus ten star resort.)

Yeah, it seems like the presumption of innocence and rights of the accused are part of what makes America better than all the corrupt police states out there. Doubt it makes any big difference in how justice ultimately plays out, but it seems to send a strange signal to all our skeptics out there. I hope it works out and the information gained turns out to be worth the detour away from our normal standards.

 

[jake102]

This is the doosher climbing/falling to his surrender on the side of the boat.

 

[TCURiggs]

Yeah, it seems like the presumption of innocence and rights of the accused are part of what makes America better than all the corrupt police states out there. Doubt it makes any big difference in how justice ultimately plays out, but it seems to send a strange signal to all our skeptics out there. I hope it works out and the information gained turns out to be worth the detour away from our normal standards.

Per usual, you said it better than I could've. You've got to tone down your smartness on here, Frisky.

 

[More Frogs the Better]

I just don't understand why they'd take the risk of creating a legal loophole/controversy by taking 30 seconds to Mirandize him. Is it just out of disrespect?

There is no legal loophole. This is much to do about nothing. The guy looked barely concious in the back of the ambulance. The exception is well established from a 1984 Supreme Court case. The Miranda rule has never been absolute. Some people seem to forget that it is not in the Constitution, just a creation of the criminal loving Warren Supreme Court. Since then, some practicality has been added.

 

[NubomTurk]

There is no legal loophole. This is much to do about nothing. The exception is well established from a 1984 Supreme Court case..

Didn't know that. Thought it was a post-9/11 practice. That makes me feel a little better.

 

[Deep Purple]

Yeah, it seems like the presumption of innocence and rights of the accused are part of what makes America better than all the corrupt police states out there. Doubt it makes any big difference in how justice ultimately plays out, but it seems to send a strange signal to all our skeptics out there. I hope it works out and the information gained turns out to be worth the detour away from our normal standards.

Agree with this and with Turk. The guy is a slimeball, but he's also an American. Much as I'd like to see him put away in a hellhole for life, I'd rather he be mirandized before any questioning so there are not even any miniscule potential legal loopholes for his defense.

 

[NubomTurk]

And for the record, I still agree with Harry Callahan grinding his foot into the injured leg of that slimeball in Kezar Stadium. (If you haven't seen Dirty Harry, this isn't going to make much sense.)

The overriding issue there was saving that girl's life. You can violate his rights (and eliminate any possibility of a conviction) because saving her life is more important than anything else. Just don't pretend that you can use anything he says under torture in court later on. You have to let him walk free and hope to convict him later.

(And yes, it would suck if Harry Callahan MISTAKENLY thought that I was a suspect in a case like that. No guarantees in life, I guess...)

 

[More Frogs the Better]

And for the record, I still agree with Harry Callahan grinding his foot into the injured leg of that slimeball in Kezar Stadium. (If you haven't seen Dirty Harry, this isn't going to make much sense.)

The overriding issue there was saving that girl's life. You can violate his rights (and eliminate any possibility of a conviction) because saving her life is more important than anything else. Just don't pretend that you can use anything he says under torture in court later on. You have to let him walk free and hope to convict him later.

(And yes, it would suck if Harry Callahan MISTAKENLY thought that I was a suspect in a case like that. No guarantees in life, I guess...)

Ha. Pretty sure that the exception would not extend to cover Harry Callahn/Jack Bauer type tactics as entertaining as they are in fiction.

 

[Frog-in-law1995]

Agree with this and with Turk. The guy is a slimeball, but he's also an American. Much as I'd like to see him put away in a hellhole for life, I'd rather he be mirandized before any questioning so there are not even any miniscule potential legal loopholes for his defense.

But if you allow him to lawyer up and not talk, how can he tell you where all the other bombs he hid are?

 

[TCURiggs]

Funny tweet:

[background=rgb(245, 245, 245)]
Anders Holm ‏@ders80810m[/background][background=rgb(245, 245, 245)]
How much weed was flushed down the toilet in Watertown today?[/background]

 

[ShivasFrog]

But if you allow him to lawyer up and not talk, how can he tell you where all the other bombs he hid are?

Exactly. Or tell you who trained his brother or who else is in the local cell or any number of related questions.

Put him through the waterboard protocol as an enemy combatant, then let him lawyer up.

 

[jake102]

Funny tweet:


[background=rgb(245, 245, 245)]Anders Holm ‏@ders80810m[/background]
[background=rgb(245, 245, 245)]How much weed was flushed down the toilet in Watertown today?[/background]

That was my first thought when they started these house to house searches. God knows how many people had some cleaning up to do.

 

[TCURiggs]

That was my first thought when they started these house to house searches. God knows how many people had some cleaning up to do.

Ha. As a non-weed smoker I didn't even think about that until I saw that tweet. I'm sure there was quite a bit of that going on though

 

[Deep Purple]

But if you allow him to lawyer up and not talk, how can he tell you where all the other bombs he hid are?

Do we have any credible reason to suspect there are other bombs, or are you just rationalizing to justify curtailing his citizenship rights out of an understandable desire for payback?

 

[TCURiggs]

Do we have any credible reason to suspect there are other bombs

Other than the fact that he's left bombs in public and thrown bombs at police? No. No other credible reason