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Do away with Miranda rights?

Discussion in 'Issues Around the World' started by Jedi Writer, Dec 2, 2002.

  1. Jedi Writer

    Jedi Writer Guest

    For five years, Oliverio Martinez has been blind and paralyzed after being shot by a policeman. As a result of that shooting and the subsequent conversations between Martinez and the cops, the U.S. Supreme Court is going to decide whether certain restraints on police interrogations should be discarded and Miranda rights, as we know them should be limited.

    The APs rambling but very interesting story is at http://www.cnn.com/2002/LAW/12/01/scotus.police.questioning.ap/index.html
     
  2. Stiofan

    Stiofan Master Po

    Well, even the man's attorney says coerced confessions cannot be used in a criminal case, but the city isn't arguing that. This is a civil case (I assume wrongful injury or similar) where the police want to use his statements in their defense. I'm not even sure from the article that the Supreme Court is ruling on the constitutionalty of Miranda at all, but rather if there is a duty to mirandize prior to introducing statements at the civil level. If thats the case, they can leave Miranda alone, and just rule it doesn't apply in civil cases.
     

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