Wednesday, April 24, 2013

Should he get a Miranda warning? [Extra Credit]

I think that one of the most current questions being asked at the minute relates to the recent Boston Marathon bombings.  This question pertains to whether the second bomb suspect should be read his Miranda rights.  The claim from the Justice department is that the suspect does not need to be read his Miranda Rights under the public safety exception which states that when the suspect is an imminent threat to public safety, they can question him before given him his rights.  I do not think this is right because every american citizen is guaranteed these rights in the constitution.  This is one of the first steps of taking away the freedoms that America grants to its citizens.  It does not take much to for a citizen to know his rights and since he is a college student he probably already has an educational back ground that has taught him what his basic rights are.  Besides this point, it also only takes less than a minute to read them.  This is something that may not hold up in court if he decides to press charges against those who did not read him his rights.  To me this seems a little foolish and not worth the risk of not being allowed to press charges against this criminal considering the crimes he has committed.  I think the bigger issues stands on when a person is a public threat.  This man was not a public threat when he was locked up in hospital and being monitored by armed officers.  Therefore this could be a time that he could claim that he was able to be read his Miranda rights.

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