You Have The Right To Remain Silent . . . For Two Weeks

Score one for the police.

Supreme Court puts expiration date on ‘right to remain silent’

A crime suspect who invokes his “right to remain silent” under the famous Miranda decision can be questioned again after 14 days, the Supreme Court ruled Wednesday. And if he freely agrees to talk then, his incriminatory statements can be used against him.

In a 9-0 decision in a Maryland child-abuse case, the high court overturned a rule set in 1981 that barred the police from questioning a suspect once he had asked to remain silent and to speak with a lawyer.

Known as the “Edwards rule,” it was intended to prevent investigators from “badgering” a suspect who was held in jail after he had invoked his Miranda rights. In some cases, police had awakened a suspect in the middle of the night and asked him again to waive his rights and to admit to a crime.

In recent years, the rule has been understood to prevent police from ever requestioning a freed suspect, even for other crimes in other places. The justices said Wednesday that although the rule made sense for suspects who were held in jail, it did not make sense for suspects who had gone free.

“In a country that harbors a large number of repeat offenders, the consequence [of this no-further-questioning rule] is disastrous,” Justice Antonin Scalia said.

If there has been a “break in custody” and the suspect has gone free, Scalia said, the police should be allowed to speak with him after some period of time.

“It seems to us that period is 14 days,” he said. “That provides plenty of time for the suspect to get reacclimated to his normal life [and] to consult with friends and counsel.”

Then, if the suspect waives his rights and agrees to talk, any statement he makes can be used against him, the court said.

The ruling in Maryland vs. Shatzer reinstates a child-abuse conviction against a Maryland man who made incriminatory statements to a state investigator 2 1/2 years after he had first been questioned by police.

See also:
Maryland v. Shatzer
Maryland v. Shatzer
‘Miranda’ dealt one-two punch by high court
Court says inmate’s lawyer request no longer valid
Supreme Court rules that request for lawyer in questioning has expiration
Supreme Court hands police another victory in Miranda cases
High Court Sets Time Limit on Lawyer Request
Court Says Miranda Rights Don’t Bar Requestioning
Supreme Court eases rules for questioning suspects
Supreme Court: Police can question suspect after release
Miranda Rights Last for 14 Days, High Court Says
High court overturns Maryland child molestation decision
Edwards v. Arizona

Hooray for the Supreme Court, and it was a unanimous decision no less! Good deal, Miranda could use a good pruning. Ever since the uber liberal Warren Court pulled the Miranda warning scheme out of thin air, criminals have had way too much of an advantage over law enforcement when it comes to questioning.

/seriously, if a criminal is too stupid to know that they don’t have to confess to the police, they deserve to go to prison anyway, just for being that dumb


The Religion Of Serial Child Abuse

Superstition Was At Its Bizarre Best in Sholapure, Maharashtra

Children Were Thrown From 50Ft Height in a Durga in the Sholapur – District Administration Was Mute Spectator.

It was bizarre, disgusting, inhuman and cruel religious practice of throwing new born children from a height of 50ft from the 4th floor, in what was called 700 year old religious ritual being practices year after year on the belief that would bring health and prosperity to the children.

This has happened in a Durga in Sholapur, where 400 parents stood in que to witness the ritual of throwing their children from the height of 50ft. with no fear whatsoever on their faces. As I watched the clippings, I had my heart in my mouth. How could any sane man accept that throwing of children from a height of the 4th floor, would make them healthy and bring prosperity? It was certainly not a religious Islamic practice but a superstitious one. What if the perpetrators were Muslims? They too were the victims of superstition and all men honour should condemned it in strongest terms. I join with them in expressing my deep anguish besides condemning it.

I do not know the name of Sufi Saint buried there in the Durga, where Muslim and Hindu parents came in large number to witness the annual ritual of risking the lives of their children. What was intriguing was the callousness with which the district administration has been allowing these practices to take place year after year. It was not a sudden development, it is happening for the last 700 years.

Why was the police present there failed to stop this ritual? A Police Sub-Inspector spoke to the HT reporter in front of the camera and said that it was a ritual practiced year after year and that no accident or mishap was reported. Even both Muslim and Hindu parents were seen talking to the reporters with a smile on their faces, saying that they had no fear for the lives of their wards, as their firm religious belief was that it would bring good health to the children and prosperity to their families. This is happening in 21st Century and that to in a Muslim tradition, is more unfortunate.

Indian rights activists blast baby-dropping ritual

Rights activists lashed out at local officials who allowed hundreds of infants to be dropped from the roof of a mosque in western India in the belief that the fall — which ends when the babies are caught in a bedsheet — would ensure good health and prosperity for their families.

The ritual at the Baba Umer Durga, a Muslim shrine, is believed to have been followed for nearly 700 years, and each year hundreds of people, both Hindus and Muslims, take part in the ritual.

Local officials told television news stations Friday that there had been no reports of injuries.

The infants, mostly under two years old, were dangled Thursday from the roof of the shrine near Sholapur, about 450 kilometers (280 miles) south of Mumbai, before being dropped about 50 feet (15 meters) onto a bedsheet held aloft by parents and other believers.

Television channels showed the babies screaming as they were shaken in the air before being dropped.

With high child mortality rates, especially in India’s rural areas, many people resort to rituals which they believe can ensure their children’s health.

/gee, why adopt 21st century child welfare methods like proper pediatric care and vaccinations, when child abuse, ignorance, and superstition have worked so well for 700 years?