Mark Matheny
Attorney General Eric Holder appeared May 9,2010 on ABC's "This Week" saying that the Obama administration is open to the idea of a modification of Miranda protections in light of growing "threats we now face"
"The [Miranda] system we have in place has proven to be effective...I think we also want to look and determine whether we have the necessary flexibility -- whether we have a system that deals with situations that agents now confront. ... We're now dealing with international terrorism. ... I think we have to give serious consideration to at least modifying that public-safety exception [to the Miranda protections]. And that's one of the things that I think we're going to be reaching out to Congress, to come up with a proposal that is both constitutional, but that is also relevant to our times and the threats that we now face." [1]
The Supreme Court did not specify the exact wording to use when informing a suspect of their rights. However, the Court did create a set of guidelines that must be followed. The ruling states:
“ ...The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent her or him. ” (emphasis added) [2]
As a result, American English developed the verb Mirandize, meaning "to read the Miranda warning" to a suspect (when the suspect is arrested). [3]
The whole guise behind this abrogation of our right to remain silent, being pushed by Holder and our administration, is a possible threat that a suspect "might" have information that he will not want to divulge once he is told he or she has the right to remain silent. The argument to give non citizens the same Miranda rights as Americans is for the sole purpose of categorizing "homegrown" and foreign terrorists under miranda rights so they can then amend the Miranda right and interrogate foreign and homegrown terrorists before they are given their miranda rights. This would then include every American since we all have the same Miranda rights as the "terrorists" would have!
This is a further attack on our constitution and individual rights. Look at it from a Problem - Reaction - Solution way:
- Capture enemy prisoners of war and torture them by waterboarding, sleep deprivation etc.
- Allow the public to find out about these "atrocities" through the media in order to bring outrage.
- Suggest that these "foreign enemy combatants" be allowed to have miranda rights under the protection of the United States, and be tried in Civilian courts like all Americans.
- Now start to report through the media how "homegrown terrorists" are becoming a threat to the security of the U.S. (Now Foreign terrorists and homegrown terrorists all fall under "Miranda" rights)
- Then suggest that the Miranda rights need to be amended so that Law Enforcement can "question-interrogate" as needed anyone who falls under the perameters of recieving miranda rights, before they recieve their "right to remain silent" and the information recieved can still be used then in a court of law against the suspect!
This is unbelieveable! Do you see the the spin they are trying to put on the American people? If we let them amend this right, anyone of us could be interrogated before recieving our "right to remain silent"!
What would be the point of having "a right to remain silent" if you have no right to remain silent - until after they interrogate you?
1 http://abcnews.go.com/ThisWeek/video/interview-eric-holder-10596851
2 http://en.wikipedia.org/wiki/Miranda_warning
3 .Mirandize". The American Heritage Dictionary of the English Language. Houghton Mifflin Company.
2 http://en.wikipedia.org/wiki/Miranda_warning
3 .Mirandize". The American Heritage Dictionary of the English Language. Houghton Mifflin Company.
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