Sunny Hundal website

  • Family

    • Liberal Conspiracy
    • Sunny Hundal
  • Comrades

    • Andy Worthington
    • Angela Saini
    • Bartholomew’s notes
    • Bleeding Heart Show
    • Bloggerheads
    • Blood & Treasure
    • Campaign against Honour Killings
    • Cath Elliott
    • Chicken Yoghurt
    • Daily Mail Watch
    • Dave Hill
    • Dr. Mitu Khurana
    • Europhobia
    • Faith in Society
    • Feminism for non-lefties
    • Feministing
    • Gender Bytes
    • Harry’s Place
    • IKWRO
    • MediaWatchWatch
    • Ministry of Truth
    • Natalie Bennett
    • New Statesman blogs
    • Operation Black Vote
    • Our Kingdom
    • Robert Sharp
    • Rupa Huq
    • Shiraz Socialist
    • Shuggy’s Blog
    • Stumbling and Mumbling
    • Ta-Nehisi Coates
    • The F Word
    • Though Cowards Flinch
    • Tory Troll
    • UK Polling Report
  • In-laws

    • Aaron Heath
    • Douglas Clark's saloon
    • Earwicga
    • Get There Steppin’
    • Incurable Hippie
    • Neha Viswanathan
    • Power of Choice
    • Rita Banerji
    • Sarah
    • Sepia Mutiny
    • Sonia Faleiro
    • Southall Black Sisters
    • The Langar Hall
    • Turban Head

  • The threat to Miranda Rights

    by guest
    11th May, 2010 at 10:42 am    

    This is a guest post by eGov Monitor.

    The Obama administration, after months of heckling by conservatives and the right wing media in the US, is considering modification of the Miranda Law that requires law enforcement officials to inform suspects of their constitutional rights to remain silent.

    Earlier this morning, US Attorney General Holder discussed the need for flexibility especially when dealing with terrorist suspects such as the Pakistan born US naturalised citizen who tried to explode a car bomb in Times Square in New York city last weekend.

    Mr. Holder said ” We’re now dealing with international terrorism, - And if we are going to have a system that is capable of dealing in a public safety context with this new threat, I think we have to give serious consideration to at least modifying that public safety exception.” The Obama administration has been under attack from Conservatives in America for reading Miranda rights to the suspects arrested in connection with the attempted bombing of Times Square as well as the Christmas day airline bomber.

    The Attorney General while referring to the New York vs Quarles case, said:

    “That’s one of the things that I think we’re going to be reaching out to Congress to do, to come up with a proposal that is both constitutional, but that is also relevant to our time and the threat that we now face.”

    It is almost certain that any attempt to change the Miranda rights would face a challenge in the US Supreme court which is most likely going to declare any such laws passed by Congress to be unconstitutional, therefore the Administration and the US Congress would most likely have to look at other options especially on providing law enforcement with more flexibility to detain terrorism suspects for a longer period of time without designating them as enemy combatants.

                  Post to

    Filed in: Civil liberties,Current affairs,Terrorism

    7 Comments below   |  

    Reactions: Twitter, blogs
    1. sunny hundal

      Blog post:: The threat to Miranda Rights

    2. Nicholas Stewart

      #PickledPolitics The threat to Miranda Rights

    1. fatima.ahtesham — on 11th May, 2010 at 11:18 am  

      Please save the world from the terrorism

    2. Kismet Hardy — on 11th May, 2010 at 11:46 am  

      Phew! For a second I thought merandy rights were at stake

    3. Shamit — on 11th May, 2010 at 12:09 pm  

      Thanks Rumbold.

      The above post was written as a news story. We chose this story because we think it is wrong to pass such a Federal law - if you see the statistics on the number of ethnic minority stopped by police it is shocking. Racial profiling is rife in the US and has been proven many times and even the US President said so himself.

      Further, if you look at the mandatory minimum sentence laws, it is very much against ethnic minorities for example carrying crack carries a much higher sentence than carrying cocaine. Now, if this becomes federal law, this would be applicable across the US and any suspect would fall under that category if the Miranda laws are changed.

      The current situation in Arizona with some other states following suit it is probably not the best example of civil rights and rule of law and not to say unconstitutional. The US constitution grants the right not to incriminate yourself against any charge.

      Hence the story.

    4. KJB — on 11th May, 2010 at 11:52 pm  

      Two interesting links:

    5. skidmarx — on 12th May, 2010 at 3:34 pm  

      Shamit, I’m not sure I follow your argument that a weakening of Miranda rights would affect the mandatory minimums.

      What is clear from reading the decision in Miranda is that the protections it provides are necessary to prevent the police from extorting confessions from suspects.

      KJB - it does seem that Obama isn’t following the logic that a shift to liberal appointments is necessary to roll back the right-wing bias on the court.

    Sorry, the comment form is closed at this time.

    Pickled Politics © Copyright 2005 - 2010. All rights reserved. Terms and conditions.
    With the help of PHP and Wordpress.