Not too long ago there was another terrorist caught. He immediately asserted his rights and clammed up, and Holder and the DOJ were angry. They said that Miranda needed to be changed. I commented about it, reminding the readers that any attempt to change Miranda through the years has been met with legions of lawyers coming out of the woodwork to protest such a thing. Yet, when liberals were confronted with something police officers deal with every day, THEY DIDN’T LIKE IT! THEY WANTED IT CHANGED!
A newly minted citizen Islamic terrorist; he just had a test on the constitution, one would assume he actually read it as part of his studies. The Miranda Warning is an advisory of rights, not an extending of them. If you do not get read your Miranda, it does not overturn the constitution, and you can still refuse to answer questions, demand a lawyer, etc.
So the penalty for no Miranda:
The cops may interrogate a person and act upon the knowledge gained, but may not use the statements in a criminal trial.
I think we need to go back to requiring jurors be informed of their rights.
This whole Miranda question is for show, IMHO. All of the talking head ‘experts’ immediately started gabbing about the ‘public safety’ exemption...which makes it look like Obama is really pushing the envelope with handling the terrorists.
But he’s not. This guy should never go to criminal court in the first place.
According to those profound Constitutional experts and legal beagles, Brain Kilmead and Allison Camerada of Fox and Friends, you have no rights under the 5th and 6th Amendments (as noted in this article) until you are granted these rights by government which is done by reading them to you (Miranda). Allison said on air, “he has no right to silence”.
I was utterly amazed after hearing this on Saturday morning to discover how many people seemingly agree with them, that Miranda “Rights” (not Warning) are granted to you by the police when you are detained and until they issue such a grant, you do not have those rights. Our education system on display.
This is a dead issue now (at least for this guy) as he was read his Miranda rights, by the judge at his hearing today. His lawyer was right at his side, too!