Shoutbox

Refresh History
  • nursejdavis: also the time is wayyy of its only 930 pm???
    March 14, 2019, 02:29:18 AM
  • nursejdavis: I am looking for a few Press Releases from Kevin Hillman that have disappeared.... not sure why they would be hidden from the public unless they contain narcs who have gotten their charges dropped for their cooperation. Seems the same Press Releases were also deleted from Facebook. Thanks for any help in locating these
    March 14, 2019, 02:24:50 AM
  • littlebit: Makes sense.
    July 16, 2017, 04:40:28 AM
  • Lepard LLC: Boards will stay open for a place people can find history information longer. I am not allowing anyone to sign up for now because of so many foreginers just wanting to promote their business..
    December 10, 2016, 05:10:27 AM
  • Lepard LLC: Not sure why didn't look, I may be shutting down these message boards..
    November 17, 2016, 12:42:43 AM
  • ~kathy~: rick why is the timestamp showing up a day in advance?
    September 13, 2016, 12:27:46 AM
  • Valor7: What I tried to say is that the actual money would not be there that quick. But a loan against that would work if they are willing to do that.
    August 08, 2016, 01:51:51 PM
  • Lepard LLC: Why so long before it comes online? 911 took out a loan or bond with the known guarantee payment and began building..
    August 08, 2016, 07:46:34 AM
  • Valor7: Actually no it is not, a dependable Revenue stream will not come on line until the 4th quarter of 2017 so 2018 budget will be up in the air, not quite sure what they will have. By 2019 budget all will be well.
    August 04, 2016, 09:27:17 PM
  • Valor7: You mean that tax that the Commissioners would not put on the ballot for so many years? Strange things happened when the citizens got a chance to vote on that issue.
    August 03, 2016, 06:43:06 PM
  • Lepard LLC: Back up is now available withe the new tax..
    August 03, 2016, 05:01:35 PM
  • Valor7: Thanks a lot Ladies!!
    July 29, 2016, 01:16:13 PM
  • littlebit: ((*(*&
    July 27, 2016, 03:47:52 PM
  • ~kathy~: lol
    July 15, 2016, 09:34:56 AM
  • Valor7: A guy could get killed around here while waiting for backup!
    July 13, 2016, 07:31:58 PM
  • Lepard LLC: You are not alone..
    July 13, 2016, 07:28:53 PM
  • Valor7: I just hate it when I talk to myself!!!!
    July 08, 2016, 12:54:09 PM
  • Valor7: I could have worded that better, we talked details, options, the pros and cons of each, in  order to arrive at the best ballot language to present to the voters. Hope that makes this clearer.
    April 15, 2016, 06:36:14 PM
  • Valor7: sorry about the typos still working with just one arm in action
    April 13, 2016, 01:10:42 PM
  • Valor7: Yes and no. We talked details and options until we were blue in the face but I never heardbring it over, it was always the time was not right for the issue to pass. Glad to see the time in now right and I for one shall vote yes on the ballot. I would urge all others to do the sameour county is busting at the seams crimewise and no matter how many bad guys we send off there always seems to someone to replace them. The Sheriff's Office needs the help.
    April 13, 2016, 01:08:35 PM
  • Lepard LLC: Is that true Valor? Did he ask you what you wanted?
    March 01, 2016, 04:55:37 AM
  • Lepard LLC: Gene Newkirk Rick I have waited for a Sheriff to bring it to me on what he wanted. I have pushed Mr long for a while to get it to me. He told me he was close to having or done. Now hopefully the people will get to decide on it. I spoke with Steve about this a few times.
    March 01, 2016, 04:54:54 AM
  • Kimberly: Wow- I have a new name..........
    February 23, 2016, 10:25:15 PM
  • Lepard LLC: Works on mine, improvements are being done here. I may kick back into her a lot and post but working on different technologies right now. Seeing how things interact.
    January 18, 2016, 09:01:20 AM
  • Valor7: Yes it is working. If you need a laugh the wife showed me how to correctly use the silly thing.
    January 04, 2016, 05:32:59 PM

Author Topic: Changes In Miranda Warnings  (Read 1581 times)

0 Members and 1 Guest are viewing this topic.

Offline matrsnot

  • Registered User
  • ******************
  • Posts: 7612
  • Karma: +489606/-6227
  • Gender: Male
    • View Profile
Changes In Miranda Warnings
« on: August 03, 2010, 05:46:39 PM »

Share/Bookmark

Fort Wood Hotel

Boards

Devils Elbow

Attractions

Sports

St. Robert

Waynesville

PC Daily

Dixon

Menu Guide

Fun Links

Homework

Crocker

Fort Wood

Swedeborg

Big Piney

Laquey

Classifieds

Restaurants

Richland

Fort  Hotels

High court trims Miranda warning rights bit by bit

By JESSE J. HOLLAND, Associated Press Writer Jesse J. Holland, Associated Press Writer Mon Aug 2, 10:46 am ET

WASHINGTON You have the right to remain silent, but only if you tell the police that you're remaining silent.

You have a right to a lawyer before, during and after questioning, even though the police don't have to tell you exactly when the lawyer can be with you. If you can't afford a lawyer, one will be provided to you. Do you understand these rights as they have been read to you, which, by the way, are only good for the next two weeks?

The Supreme Court made major revisions to the now familiar Miranda warnings this year. The rulings will change the ways police, lawyers and criminal suspects interact amid what experts call an attempt to pull back some of the rights that Americans have become used to over recent decades.

The high court has made clear it's not going to eliminate the requirement that police officers give suspects a Miranda warning, so it is tinkering around the edges, said Jeffrey L. Fisher, co-chair of the amicus committee of the National Association of Criminal Defense Lawyers.

"It's death by a thousand cuts," Fisher said. "For the past 20-25 years, as the court has turned more conservative on law and order issues, it has been whittling away at Miranda and doing everything it can to ease the admissibility of confessions that police wriggle out of suspects."

The court placed limits on the so-called Miranda rights three times during the just-ended session. Experts viewed the large number of rulings as a statistical aberration, rather than a full-fledged attempt to get rid of the famous 1966 decision. The original ruling emerged from police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix. It required officers to tell suspects taken into custody that they have the right to remain silent and to have a lawyer represent them, even if they can't afford one.

The court's three decisions "indicate a desire to prune back the rules somewhat," Kent Scheidegger, the legal director of the Criminal Justice Legal Foundation, a victims' rights group. "But I don't think any overruling of Miranda is in the near future. I think that controversy is pretty much dead."

The Supreme Court in 2000 upheld the requirement that the Miranda warning be read to criminal suspects.

This year's Supreme Court decisions did not mandate changes in the wording of Miranda warnings read by arresting police officers. The most common version is now familiar to most Americans, thanks to television police shows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?"

However, the court did approve one state version of the Miranda warnings that did not specifically inform suspects that they had a right to have a lawyer present during their police questioning.

The Miranda warning used in parts of Florida told suspects: "You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview."

Lawyers and the Florida Supreme Court said that didn't make clear that lawyers can be present as the police are doing their questioning. But Justice Ruth Bader Ginsburg, writing the 7-2 majority decision, said all the required information was there.

"Nothing in the words used indicated that counsel's presence would be restricted after the questioning commenced," Ginsburg said. "Instead, the warning communicated that the right to counsel carried forward to and through the interrogation."

The next day, the court unanimously limited how long Miranda rights are valid.

The high court said for the first time that a suspect's request for a lawyer is good for only 14 days after the person is released from police custody. The 9-0 ruling pulled back from an earlier decision that said that police must halt all questioning for all time if a suspect asks for a lawyer.

Police can now attempt to question a suspect who asked for a lawyer once the person has been released from custody for at least two weeks without violating the person's constitutional rights and without having to repeat the Miranda warning.

"In our judgment, 14 days will provide plenty of time for the suspect to get reacclimated to his normal life, to consult with friends and counsel and to shake off any residual coercive effects of his prior custody," said Justice Antonin Scalia, who wrote the majority opinion.

And finally, the court's conservatives used their 5-4 advantage to rule that suspects must break their silence and tell police they are going to remain quiet if they want to invoke their "right to remain silent" and stop an interrogation, just as they must tell police that they want a lawyer.

All the criminal suspect needs to say is he or she is remaining silent, wrote Justice Anthony Kennedy. "Had he made either of these simple, unambiguous statements, he would have invoked his 'right to cut off questioning.' Here he did neither, so he did not invoke his right to remain silent."

But Justice Sonia Sotomayor said the majority's decision "turns Miranda upside down."

"Criminal suspects must now unambiguously invoke their right to remain silent which counter intuitively requires them to speak," she said. "At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so."

Police officers will look at these decisions and incorporate them into their training, said James Pasco of the National Fraternal Order of Police. "Officers are expected to adapt to changes required by the Supreme Court," Pasco said. "This will be no different."

But Fisher thinks the court's Miranda decisions will make it easier for police to get confessions out of people who don't want to confess. "Those decisions open up ways for cops to work around Miranda," Fisher said.

http://news.yahoo.com/s/ap/us_supreme_court_miranda

Offline I have no username

  • Registered User
  • ******************
  • Posts: 1253
  • Karma: +171827/-211
  • Gender: Male
    • View Profile
Re: Changes In Miranda Warnings
« Reply #1 on: August 03, 2010, 08:21:40 PM »
Dont speak english= cant request right to remain silent = citizen check = deportation=win.
Μολὼν λαβέ

If you want total security, go to prison. There you're fed, clothed, given medical care and so on. The only thing lacking... is freedom.
Dwight D. Eisenhower

Offline DocWIN0

  • Hillbilly Jammer.
  • Lurker
  • *
  • Posts: 21
  • Karma: +180/-1
  • PRP Collective
    • View Profile
Re: Changes In Miranda Warnings
« Reply #2 on: August 07, 2010, 01:20:47 AM »
Regardless of circumstance, two weeks of motivated free-time should be of adequate to saddle-up with Counsel...IF the mechanisms for all options are in place and properly working. IMO if this ruling helps to eliminate back-log of resources by nullifying the old theoretic time-tested game of defendant/witness/conspirator 'strategic investigative/questioning delay'...i see it as nothing but streamlining a system.

Assuming the premise was correctly digested on my part. I hope the bugs help... :runover:

Don't shoot me...i'm only a Hillbilly...
United States Submarine Service...Instant Whoop-Ass in a resealable can.

Offline matrsnot

  • Registered User
  • ******************
  • Posts: 7612
  • Karma: +489606/-6227
  • Gender: Male
    • View Profile
Re: Changes In Miranda Warnings
« Reply #3 on: August 07, 2010, 12:33:51 PM »
First you have to TELL them you are gonna remain silent.  I don't get that.  You have to talk before the right is invoked?  How about just not talking to them?

Offline Chas

  • Registered User
  • ******************
  • Posts: 1856
  • Karma: +11629/-2363
    • View Profile
Re: Changes In Miranda Warnings
« Reply #4 on: August 08, 2010, 04:42:30 PM »
I plead the fifth or drank a fifth