In the discussion thread: Hey GOP, the party of personal responsibility: we'd rather blame Nader than hold you accountable [View all]
Response to graham4anything (Reply #29)
Wed Jun 26, 2013, 02:49 PM
AnotherMcIntosh (11,064 posts)
33. Elana Kagan is one of the best Obama nominations - IF YOU FAVOR ELIMINATING THE MIRANDA RULE
For some background, see
"Elena Kagan and the Death of Miranda
"On June 1, (2010) the U.S. Supreme Court finally dealt Miranda a death blow. Elena Kagan, Obama's nominee for the Supreme Court, was complicit in Miranda's demise. Her participation may give some insight into her views on the rights of criminal defendants, and her understanding of how the law affects ordinary people.
"In Berghuis v. Thompkins, the decision announced today, the Court ruled 5-4 that a suspect has to speak in order to assert the right to remain silent. Van Chester Thompkins was given his Miranda warnings and remained quiet for almost 3 hours. During that time, officers continued the interrogation and Thompkins eventually made an admission. A federal court found that he had asserted his right to remain silent by actually remaining silent, and that officers should have ended the questioning. The Supreme Court reversed.
"Elena Kagan Votes With Alito and Thomas To Undermine Miranda
"When Elena Kagan was nominated, there were very few of us voicing strenuous objection, one of the primary reasons I did was her complete lack of experience in the adversarial system, especially with her total lack of knowledge and interest in criminal process issues, which would be critical in the face of the Obama DOJís determination to further gut Miranda.
"The feared Kagan chickens have come home to roost. The Supreme Court just announced its decision in Howes v. Fields, and the decision is a significant further erosion of the critical Constitutional protections embodied in Miranda. The ruling specifically holds that police are not automatically required to tell prisoners of their legal right to remain silent and have an attorney present when being questioned in prison about another crime.
So, is/was the Miranda rule too liberal for you?
If so, Obama (who knew Kagan's view on Miranda before nominating her), made the best anti-Miranda nomination that he could.
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|great white snark||Jun 2013||#25|
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|great white snark||Jun 2013||#27|
Elana Kagan is one of the best Obama nominations - IF YOU FAVOR ELIMINATING THE MIRANDA RULE
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