Tag Archives | miranda rights

Obama Quietly Rolls Back Miranda Rights

Miranda warningEvan Perez reporting for the Wall Street Journal:

New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.

The move is one of the Obama administration’s most significant revisions to rules governing the investigation of terror suspects in the U.S. And it potentially opens a new political tussle over national security policy, as the administration marks another step back from pre-election criticism of unorthodox counterterror methods.

Once again, the threat of terrorism has given the executive branch carte blanche to roll back rights. Miranda rights, which required law officers to make you aware of your “right to remain silent”, were ubiquitous until 9/11. Today, Miranda warnings are archaic, filled with holes that make national security a higher priority than a person’s knowledge of their constitutional rights…

[continues in the Wall Street Journal]]

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U.S. Supreme Court Limits Miranda Rights

CBP_Border_Patrol_agent_reads_the_Miranda_rights_Here we go again – the conservative-dominated Supreme Court, one of the enduring parts of the Bush legacy, is messing with a previous Supreme Court decision that most Americans hold sacred: the Miranda warning. From Detroit News:

A Michigan man will continue serving a life sentence for murder after the U.S. Supreme Court ruled today that he gave up his rights against self-incrimination because he did not explicitly tell police he wanted to remain silent after his arrest.

The 5-4 decision overturns a ruling by the U.S. 6th Circuit Court of Appeals and reinstates Van Chester Thompkins’ conviction for a Jan. 10, 2000, murder in Southfield.

Detroit attorney Elizabeth Jacobs, who argued the case for Thompkins, 33, in front of the Supreme Court in March, said the ruling is “very disappointing.” The court is “diminishing Miranda rights as we know them,” Jacobs said.

Miranda rights are the rights of a suspect to remain silent.

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