"no need to give [...] Miranda warnings"

[MBowman325]

I saw something disturbing this morning.

http://afghanistan.blogs.cnn.com/20...nda-rights-to-bin-laden-if-captured/?hpt=Sbin

So, our AG states that if Bin Laden is captured alive, there's no need to read him his Miranda rights (ok, I follow) because essentially he's given all the detail for the civilian courts to digest.

Wait, what?

So, so we're not going to give a non-resident alien the same rights as we have, but we're going to try him in a civil court. While the first part sounds dandy, combined with the latter part seems like a terrible idea. I'm not a law study, but it seems to me that if you start bending rules in one area, (we feel no need to read Miranda rights because he's already incriminated himself) what's to say that precedent hasn't been set to carry this to non-resident citizens or resident citizens? After only a couple of steps, we've managed to change significant portions of what protects us from the powers that be.

Now, if he were tried in a military tribunal, seems like we could skirt the whole issue (rights? what rights?) - it seems to me that that's a better place for such a person to be tried.

Is my tin-foil on too tight or I'm ignorant of the remainder of the situation?

 

[LightningCrash]

ICQ? What are you, Russian?

 

[1911DA]

Miranda warings to a foregin national terrorist???? BS

Just give him a bath in pigs blood, wrap him up in the pig skin and then clean out his ear canals with a .45 ACP .......problem solved.

 

[Michael Brown]

Is my tin-foil on too tight or I'm ignorant of the remainder of the situation?

The Miranda Warning is only given in custodial arrest situations where the government wishes to use information gained during or subsequent to the arrest or detention during the prosecution phase.

What the AG is saying is that Bin Laden has already incriminated himself thus there is no need to introduce evidence that could be obtained during custodial interrogation.

In other words, the prosecution won't bother introducing any evidence gained after his arrest and will only rely on his past self-incrimination.

Given that any information that the government would obtain after his arrest would be of a tactical nature rather than an evidentiary nature, I don't think it's a big deal.

It does not seem to be related to the fact that Bin Laden is a non-resident alien.

Michael Brown

 

[MadDawg]

Of course the whole discussion is predicated on Bin Hidin coming under US control and still breathing. Any takers on him being taken alive?

You dont have to Mirandize a corpse either.

 

[Roadking Larry]

You dont have to Mirandize a corpse either.

Sure, but the way the current admin is treating the troops the grunt that takes out Bin Laden will probably get prosecuted.

 

[MadDawg]

Thought it was the previous administration that jailed guards from abu-ghraib.

Just who has the Obama administration prosecuted for doing their duty?

 

[flatwins]

Libdar on high alert.

 

[Bierhunter]

Sure, but the way the current admin is treating the troops the grunt that takes out Bin Laden will probably get prosecuted.

Sadly, that's very possible the ways things have been going.

 

[DC]

Thought it was the previous administration that jailed guards from abu-ghraib.

Just who has the Obama administration prosecuted for doing their duty?

Not sure that you are correct here. As to the second, have you not heard about the SEALS that are currently under Courts Martial for hitting a combatant?