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Platapus · 04-20-13, 08:28 PM

I am starting a new thread so that the other Boston incident thread does not get derailed.

There is, and will continue to be controversy, concerning the decision to not issue Dzhokar Tsarnaev, a US Citizen, his rights against involuntary self-incrimination, more commonly called his Miranda rights.

The authorities who are choosing not to issue him his Miranda rights are invoking what is called the Public Safety Exception to Miranda. It is quite possible that people here may never have heard of this exception, but it has been valid since 1984 in New York v. Quarles.

The FBI has published a nice article that discusses the Public Safety Exception to Miranda. If anyone is interested in discussing this controversial topic, this article will serve nicely as a baseline understanding.

http://www.fbi.gov/stats-services/pu...1/legal_digest

And for geeks like me who actually like to read SCotUS opinions:

http://caselaw.lp.findlaw.com/script...s/467/649.html

04-20-13, 08:28 PM	#1
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,360 Downloads: 63 Uploads: 0	public safety exception to Miranda I am starting a new thread so that the other Boston incident thread does not get derailed. There is, and will continue to be controversy, concerning the decision to not issue Dzhokar Tsarnaev, a US Citizen, his rights against involuntary self-incrimination, more commonly called his Miranda rights. The authorities who are choosing not to issue him his Miranda rights are invoking what is called the Public Safety Exception to Miranda. It is quite possible that people here may never have heard of this exception, but it has been valid since 1984 in New York v. Quarles. The FBI has published a nice article that discusses the Public Safety Exception to Miranda. If anyone is interested in discussing this controversial topic, this article will serve nicely as a baseline understanding. http://www.fbi.gov/stats-services/pu...1/legal_digest And for geeks like me who actually like to read SCotUS opinions: http://caselaw.lp.findlaw.com/script...s/467/649.html __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.