Messages

http://www.youtube.com/watch?v=tsA3ni5fVAY ("No more Miranda Rights = the Continued Downfall of America" by SafeArmsReview)

http://www.youtube.com/watch?v=nfWX40D42hM ("No more Miranda Rights = the Continued Downfall of America Part 2" by SafeArmsReview)

I got this response:
"THAT IS NOT TRUE!

The Supreme Court overturned Michigan v. Jackson which has nothing to do with Miranda. Basically all they did was say that just because you have a court appointed attorney that does not mean that the police can not contact you in an attempt to question you. All you have to do is cite miranda and refuse to answer any questions without your lawyer present and interrogation must stop.

Quoted from the ruling:
Jackson's marginal benefits are dwarfed by its substantial costs. Even without Jackson, few badger-ing-induced waivers, if any, would be admitted at trial because theCourt has taken substantial other, overlapping measures to exclude them. Under Miranda, any suspect subject to custodial interrogation must be advised of his right to have a lawyer present. 384 U. S., at
474. Under Edwards, once such a defendant "has invoked his [Miranda] right," interrogation must stop. 451 U. S., at 484. And under Minnick v. Mississippi, 498 U. S. 146, no subsequent interro-gation may take place until counsel is present. Id., at 153. These three layers of prophylaxis are sufficient. On the other side of the equation, the principal cost of applying Jackson's rule is that crimes can go unsolved and criminals unpunished when uncoerced confes-sions are excluded and when officers are deterred from even trying to obtain confessions. The Court concludes that the Jackson rule does not ";pay its way," United States v. Leon, 468 U. S. 897, 907–908, n. 6, and thus the case should be overruled. Pp. 13–18.

Complete ruling here:
http://www.supremecourtus.gov/opinions/08pdf/07-1529.pdf

EDIT: I just wanted to add that it is possible that this will mean that the police will be able to talk intelligence challenged individuals into waiving their right to have counsel present before questioning although they already have an appointed attorney. Basically all this is going to do is allow the police to trick more dumb people, or those with no knowledge of their rights."

What do you think?
I feel like someone's lying to me about this...

Rights are entitlements or permissions, usually of a legal or moral nature. Rights are of vital importance in the fields of law and ethics, especially theories of justice and deontology. And this right always have a law that will protect.



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California Orange County Lawyer