From the Huffington Post:A New York appeals court ruled last week that Queens prosecutors' violated the constitution through their interrogation program, which identified people without counsel to interrogate before reading them their Miranda rights. The Brennan Center filed an amicus brief in March of last year on behalf of the defendants, arguing that the interrogation program violated constitutional rights set forth in the Fourth and Fifth Amendments.
Through this program, the Queens District Attorney (DA) tried to exploit people in their final moments without an attorney. Choosing only indigent defendants, prosecutors would take suspects in for interrogation and read them a script just before arraignment (their first court appearance where they are assigned counsel). The script prosecutors read to people contained statements such as "This will be your only opportunity to speak with me before you go to court on these charges," "If there is something you would like us to investigate concerning this incident, you must tell us now so we can look into it," and "If you have an alibi, give me as much information as you can, including the names of the people you were with."
Importantly, prosecutors read the statements to the suspects before they were Mirandized. In other words, people were not told until after the statement that they had the right to remain silent, their statements would be used against them in court, and they had a right to an attorney.
11 comments:
Law enforcement agencies are frequently inconvenienced by the constitutional rights of suspects and often of completely innocent persons, and they do whatever they can do legally (or sometimes illegally) to restrict or circumvent those rights. Most of these educators, government officials and law officers believe in freedom, privacy and constitutional rights, BUT WHEN THESE CONFLICT WITH THEIR WORK, THEY USUALLY FEEL THAT THEIR WORK IS MORE IMPORTANT.
People of the law sector in and related,in America, are the biggest hypocrites to walk the face of the earth.
Most people don't know their legal rights when faced with cops on the street. Dear reader do you? Did you ever learn this in school?
It was educational watching that Ed Koch TV interview that Crapper linked to a few days ago. Koch related how when he was a young up-and-coming politician speechifying about something in Washington Square Park a cop told him to move. Across the way was a guy hollering and yelling but the cop didn't ask him to move. Koch asked the cop why. He said he didn't tell him to move because "he was a fanatic". Dumbfounded Koch moved.
Do you know your rights when John Law stares you in the face?
1. If this is before they are arrested, why "Mirandize" them?
2. Is everyone entitled to a lawyer while law enforcement is interrogating them?
your room in Hell is ready for you Richard Brown. right next to the Queens slumlords and crooked housing court judges you protect.
What do Helen Marshall and his Honor have in common. The same type of blank look on their faces.
GTA, following your advice, of course, you will not be convicted, but you will be arrested and spend 6-48 hours in lockup at a precinct or central-booking.
Crucify law enforcement until you need them, then demand a full court press for justice. I don't condone skirting the constitution but many cases are made on the practice of "knock and talk" which don't involve an immediate arrest that requires a Miranda warning.
Free Mumia.....
Anonymous 3, this is a tactic to trick suspects who likely should already be arrested. Some police will try to circumvent the constitution by bringing in suspects and instead of arresting them like they should, decide to wait until after they "interrogate" them. This way they can squeeze as much incriminating evidence as possible from these most likely uneducated people.
They avoid having to recite Miranda rights informing them of their right to remain silent. The suspects may be so dimwitted as to give up information that might possibly bite them in the ass. Yes these people are ignorant,but the Constitution protects idiots too.
The script the officers use implies that there is an pending warrant, and the statement "This will be your only opportunity to speak with me before you go to court on these charges," can be easily construed by people to mean that if they don't provide information they will have to be charged. It's a veiled threat and also implies they could avoid being charged if they just 'fess up.
Law enforcement is not required to "Mirandize" any suspect; UNLESS they want to question them.
As any old "con" knows. when in doubt, dummy up!
I think "the midget" needs a new pair of elevator shoes.
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