Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Obama legal team wants to limit defendants' rights
http://news.yahoo.com/ ^ | By MARK SHERMAN

Posted on 04/23/2009 1:58:29 PM PDT by Lucky9teen

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-46 next last
To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...
The case at issue is Michigan v. Jackson, in which the Supreme Court said in 1986 that police may not initiate questioning of a defendant who has a lawyer or has asked for one, unless the attorney is present. The decision applies even to defendants who agree to talk to the authorities without their lawyers.



Libertarian ping! Click here to get added or here to be removed or post a message here!
21 posted on 04/23/2009 2:42:02 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen
I've read the briefs. The court will not reverse the Jackson case and the vote will be at least 6-3 with some of the conservatives (especially Thomson and Scalia) joining the liberals.

Here is the petition to the USSC. Read it and you will get a taste of just how corrupt cops, prosecutors and judges can be. Outside of a coerced “letter” there was no evidence he committed a murder.

http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/07-1529_Petitioner.pdf

22 posted on 04/23/2009 2:44:36 PM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 1 | View Replies]

To: GeronL

I will bet the libtards don’t even know nor have they bothered to look or understand what Obama is doing.


23 posted on 04/23/2009 2:48:44 PM PDT by freekitty (Give me back my conservative vote.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Lucky9teen

This one I agree with. Miranda is a farce. They should be able to ask. But you should also be able to refuse to answer, with or without an attorney.

I think Miranda did more harm than good.


24 posted on 04/23/2009 2:51:29 PM PDT by RobRoy
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen
BTTT

Don't Talk to the Police

25 posted on 04/23/2009 2:52:58 PM PDT by EdReform (The right of the people to keep and bear Arms shall not be infringed *NRA*JPFO*SAF*GOA*SAS*CCRKBA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen

paving the way for the Civilian Security Force to stop you on the street and ask who you voted for....


26 posted on 04/23/2009 2:53:21 PM PDT by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen; SumProVita; HardStarboard; BradyLS; Ernest_at_the_Beach; dervish; Twotone; ...

The list, ping

Please let me know if you want on or off the ping list...


27 posted on 04/23/2009 2:59:46 PM PDT by Nachum (the complete list at www.nachumlist.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen

This is very bad news for civil rights, if Obama gets his way. People have to have some legal “shell” they can crawl into where the police cannot intimidate them, and use a vast array of coercive means to obtain incriminating statements. Note, I did not say “evidence”.

Believe me, even the strongest of individuals can be confused and ramrodded into saying something that can incriminate them, given enough time.

“Were you there last night?”
“Weren’t you there last night?”
“Are you admitting to being there last night?”
“So you are admitting that you said you were there?”
“You admit confirming that you are not denying you were there?”

“Look, if you cooperate, we might be let you go back to your family tonight, but if you keep giving us a hard time, you could be looking at years behind bars. Someone like you wouldn’t do good in prison. All you have to do is admit you were there, and you sign a few forms, and we can probably get you back to your parents tonight.”

“We already have everything we need to put you in prison for years, but if you help us, we can talk to the D.A. about going easy on you. But we can only help you if you let us. We aren’t really interested in you anyway, but we know that you were there last night, and if you just admit it, then we can move on to other things.”

“There is nothing an attorney can do for you that we can’t.”


28 posted on 04/23/2009 3:09:24 PM PDT by yefragetuwrabrumuy
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen

LBJ was a better president then the Kenyan.


29 posted on 04/23/2009 3:16:48 PM PDT by NoLibZone (Because I am against Abortion - The DNC Controlled Fed Says I am terrorist.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen; All
Hey! 0bama Voters!

Click the Pics

30 posted on 04/23/2009 3:22:12 PM PDT by Fiddlstix (Warning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
[ Post Reply | Private Reply | To 1 | View Replies]

To: yldstrk
Don’t worry, it will considered torture for the po po to turn out the lights and put a caterpillar in the cell. They will have to feed you coq au vin and supply a feather bed while you exercise your right to remain silent.

No, no, that's just for foreign, uh....freedom fighters, yeah that's it. If you're an American born conservative, pulling out your fingernails and drilling holes through your joints is a "prudent medical examination".

31 posted on 04/23/2009 3:34:10 PM PDT by Still Thinking (Quis custodiet ipsos custodes?)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Lucky9teen

I wonder when people are going to start realizing that both the democrats and republicans are playing us for fools.


32 posted on 04/23/2009 4:11:22 PM PDT by zeugma (Will it be nukes or aliens? Time will tell.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen
“You have the right to remain silent...until we take out this stick and beat you with it. Do you support the Dear Leader now?!!!”
33 posted on 04/23/2009 4:22:42 PM PDT by 444Flyer (Don't beLIEve Obama...........every sort of evil that deceives those who are perishing. 2 Thess 2:10)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen

“The administration’s action — and several others — have disappointed civil rights and civil liberties groups that expected President Barack Obama to reverse the policies of his Republican predecessor, George W. Bush, after the Democrat’s call for change during the 2008 campaign.”

Well, that just makes them dumb. When has a Republicrat ever done anything besides egg on the SCOTUS to increase federal power and decrease their already narrow interpretation of Americans’ rights as citizens?

But hey, in our one-party system, you vote for change, you get it! See, now it’s a black man asking for the po-po to be able to jerk everyone around.


34 posted on 04/23/2009 8:45:21 PM PDT by LibertarianInExile (When Republicans don't vote conservative, conservatives don't vote Republican.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lucky9teen

Doesn’t this undermine Miranda?


35 posted on 04/23/2009 9:04:14 PM PDT by TenthAmendmentChampion (Be prepared for tough times. FReepmail me to learn about our survival thread!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Little Ray
I actually don’t see a problem with this. After all you still have “The right to remain silent” don’t you?

I see both sides of this issue. - you can always waive your right to remain silent, however once you are arrested and are represented your attorney is going to tell you to STFU - and if you want to talk, your attorney is going to want to negotiate for some sort of quid pro quo for your waiver.

the issue here is whether, once you have counsel, should law enforcement talk to you without your counsel present - an altogether different analysis and different right

most state's ethical laws prevent attorneys (includes prosecutors) from speaking with a represented person without their counsel's presence - which prevents federal prosecutors from talking to these defendants

yes, you can waive your right to remain silent, but if you are represented, you've invoked another right - the right to counsel and that's where the rub is, for any waiver to be valid it must be knowingly invoked, and the analysis of whether one truly understands what they are waiving wrt right to counsel is normally undertaken by a judge

36 posted on 04/24/2009 2:48:46 AM PDT by Abundy
[ Post Reply | Private Reply | To 17 | View Replies]

To: Abundy

Then what’s the problem with “I have nothing to say until my lawyer is present.” Or “Talk to the mouthpiece, flatfoot.” Or words to that effect?
As long as you’re not being tortured for info, the cop should be able to talk until he’s blue in the face. Its up to the suspect, witness, etc., to maintain his silence. Even if your “right to remain silent” is waived you don’t HAVE to say anything.


37 posted on 04/24/2009 5:25:22 AM PDT by Little Ray (Do we have a Plan B?)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Lucky9teen
"Obama legal team wants to limit defendants' rights"

Of course he does. That way, he can have his cronies more easily prosecute scapegoats from the Bush administration. The Soviets and Cuba had show trials, too. Here it comes, America. Are you going to just take it?

38 posted on 04/24/2009 6:59:12 AM PDT by ronnyquest ("That's what governments are for, to get in a man's way.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Little Ray
"I actually don’t see a problem with this. After all you still have “The right to remain silent” don’t you?"

You'll have the right to remain silent for as long as you can. They will quit beating you when they grow tired of the noises you make.

39 posted on 04/24/2009 7:03:52 AM PDT by ronnyquest ("That's what governments are for, to get in a man's way.")
[ Post Reply | Private Reply | To 17 | View Replies]

To: Buckeye McFrog
"paving the way for the Civilian Security Force to stop you on the street and ask who you voted for...."

Exactly! Someone who gets it!

40 posted on 04/24/2009 7:14:35 AM PDT by ronnyquest ("That's what governments are for, to get in a man's way.")
[ Post Reply | Private Reply | To 26 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-46 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson