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Friday, while hunting for Tsarnaev Dzhokhar Boston suspected bomber was still in progress (and after his annoyance, the other main suspect had been killed), Senator Lindsey Graham took to Twitter to argue that the U.S. government, if he is still alive picks, do not read his rights Dzokhar Miranda. As you already know, hopefully Miranda rights are the famous "you have the right to remain silent, anything you say can and will be used against you in court, and you have the right to a lawyer," etc. The requirement of a statement to that effect (and the name of the "Miranda rights") is a Miranda v. Arizona in 1960, and since then it has been considered an essential element of American due process for those arrested . And that's a good thing.



When Graham made this statement, many have taken up arms, and argued that Graham was not familiar with the Constitution. While I quite agree with the basics of this, much of the anger probably should have been directed against the Obama administration, which officially created an exception to the rules of Miranda (unilaterally and without the approval of court) a few years ago (apparently, in October 2010, but the news about it only released in March 2011).

1. And indeed, after Dzhokhar was apprehended, the Ministry of Justice stated that he had not been informed of his Miranda rights because he invoked a "public safety exception" with the argument being that they had to get them to talk to ensure that the public was not in danger. As others have pointed out, it is a short-sighted decision can only turn against horribly.
3. suspend basic rights and due process of fear, this is exactly the kind of thing that people who attack the United States
4. want
to see. Here's what we can not live up to our rights and the most basic principles in the face of a terrorist attack gives to those who hate us even more incentive to continue. This is not only a sign of weakness, but an encouragement to those who seek to undermine our society. In fact, it is a step in this direction very showing that the government is willing to throw the rules and principles when it's a little frightened by a teenager.

The slippery slope here is steep and extremely smooth. There are no rules about when the Ministry of sudden Justice can ignore Miranda. He must decide for himself. It is an organization with a long history of abusing his power, now allowed to clean one of the main protections for those who stop whenever he sees fit. The

whole point

the Miranda decision is that it should be up to law enforcement. The rights of a person their rights. The part that makes me really, if anything, it opens a line of really, really stupid Dzokhar Tsarnaev defense if he never faced a criminal trial. His lawyers are likely to argue that the arrest and interrogation was unconstitutional because of the lack of (or delay) the Miranda rights. Why even open the possibility of a defense for him?
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