One problem with changing the Miranda rights is that it goes up against the 5th amendment. Even with this currently very right wing court I don't think that they'll butcher the Constitution that much. Although Roberts and Alito have surprised me before.
On Mon, May 10, 2010 at 11:37 AM, Eric Roberts <ow...@threeravensconsulting.com> wrote: > > The problem is, with the law...a lot of it is a matter of procedure, so even > though you might be able to quote the Miranda act better than the cop > arresting you, procedure says that he has to repeat it to ensure that you > are fully aware of your rights. So up until you are read your rights, > anything you say is not admissible in court because there is a chance that > you might have lived your entire life in a cave and were not aware of your > rights. However small of a chance that may be since every show that has > anything to do with law enforcement repeats it like they have a duty to, it > is still a chance nonetheless. > > By changing this, what this does is it allows cops to question and detain > someone without reading them their rights and allows whatever info collected > to be used in court, essentially clipping the gnads off of Miranda in > certain instances. The problem is that the definition of what these > instances are is so vague, it places it open to lots of abuse. That is the > problem with it. It's like getting charged with disorderly conduct... > > Eric > > -----Original Message----- > From: Cameron Childress [mailto:camer...@gmail.com] > Sent: Monday, May 10, 2010 9:58 AM > To: cf-community > Subject: Re: in the oh hell no category > > > On Sun, May 9, 2010 at 7:49 PM, Dana <dana.tier...@gmail.com> wrote: >> All the uproar about reading alleged terrorists their Miranda rights >> predictably rebounds to allow us all a few less rights. See the last >> paragraph (of couse) for a sensible take. > > A few things I think about when reading this: > > It doesn't sound like anyone is losing their rights, they just don't > have them read to them. Reading someone their rights is so routine > it's almost like the question they use to ask at the airport when you > checked in about anyone giving you anything to carry on the flight. > It's so routine it's like they could replace them with "you know the > drill". So routine that I don't think most people really consider the > meaning of it anymore. > > -Cameron > > ... > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology-Michael-Dinowitz/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:317842 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
