home

Homeland Security: Wise Up

by TChris

Miranda v. Arizona was decided in 1966. Since that time, a whole lot of courts have decided a whole lot of cases refining the requirement that persons in custody be told of their rights to counsel and silence before they are interrogated. The resulting Miranda warning is so routine that a television junkie can recite it from memory. Suprising, then, that Homeland Security can't get it right.

U.S. Magistrate Judge Lurana Snow ruled that statements made by four men accused of smuggling cocaine aboard a cruise ship could not be introduced in court because the Miranda warning failed to spell out that they could have an attorney present during — not just before — interrogation by authorities.

"From a legal standpoint, the warnings on the Homeland Security form are ambiguous, at best," Snow said in her 16-page decision.

Defense attorney Ellis Rubin has a message for Homeland Security: "Somebody has to tell these people, 'Hey, wise up.'" And that's exactly what Rubin and Magistrate Snow did.

< A Punishment That Doesn't Fit | Judges Oppose Streamlined Procedures Act >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Re: Homeland Security: Wise Up (none / 0) (#1)
    by DawesFred60 on Sat Dec 17, 2005 at 01:01:59 PM EST
    Homeland, so called, security is only about control for political reasons and nothing more its only meant to keep people in line for the coming mass murder, I actually understand what is happening and i really don't think others do. and as far as law and courts in the land of freedom go if you got the money you get the justice if you don't you get killed by the system. long live the real ideals of 1776, down with the evil system of rats.

    Re: Homeland Security: Wise Up (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:59 PM EST
    "the coming mass murder".. care to elaborate on that a bit, Fred? is the handwriting on the wall that clear?

    Re: Homeland Security: Wise Up (none / 0) (#3)
    by roger on Sat Dec 17, 2005 at 01:01:59 PM EST
    SP, Look at TL's links to the left of the page. In particular, read the link on "improvisation" of interrogation techniques. We already run death camps. Just like the Nazis, we have not placed them in our own country. Fred can be a little over the top, it doesnt make him wrong.

    Re: Homeland Security: Wise Up (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:02:00 PM EST
    Not exactly on-topic, but important: Comments during the sentencing of the so-called "Millenium Bomber," Ahmed Rassem, by Judge John C. Coughenour. This U.S. district court judge was a Reagan appointee. Now the right wants to impeach him. Why? In sentencing Mr. Rassem, the judge said the following:
    The message I would hope to convey in today's sentencing is twofold:

    First, that we have the resolve in this country to deal with the subject of terrorism and people who engage in it should be prepared to sacrifice a major portion of their life in confinement.

    Secondly, though, I would like to convey the message that our system works. We did not need to use a secret military tribunal, or detain the defendant indefinitely as an enemy combatant, or deny him the right to counsel, or invoke any proceedings beyond those guaranteed by or contrary to the United States Constitution.

    I would suggest that the message to the world from today's sentencing is that our courts have not abandoned our commitment to the ideals that set our nation apart. We can deal with the threats to our national security without denying the accused fundamental constitutional protections.

    Despite the fact that Mr. Ressam is not an American citizen and despite the fact that he entered this country intent upon killing American citizens, he received an effective, vigorous defense, and the opportunity to have his guilt or innocence determined by a jury of 12 ordinary citizens.

    Most importantly, all of this occurred in the sunlight of a public trial. There were no secret proceedings, no indefinite detention, no denial of counsel.

    The tragedy of September 11th shook our sense of security and made us realize that we, too, are vulnerable to acts of terrorism.

    Unfortunately, some believe that this threat renders our Constitution obsolete. This is a Constitution for which men and women have died and continue to die and which has made us a model among nations. If that view is allowed to prevail, the terrorists will have won.

    It is my sworn duty, and as long as there is breath in my body I'll perform it, to support and defend the Constitution of the United States. We will be in recess."



    Re: Homeland Security: Wise Up (none / 0) (#5)
    by Aaron on Sat Dec 17, 2005 at 01:02:01 PM EST
    The current conservative movement has been looking to do away with the Miranda protections for more than a decade now, claiming that it's far too restrictive on law enforcement. Their ideal judicial system begins from the premise, guilty until proven innocent.