Iowa debate: Recap and epilogue

LOS ANGELES, Aug. 15, 2011-Now that the dust has settled and a few days passed, it is time to last Thursday's Iowa GOP debate in perspective.

Fox News was a big winner. The Liberals insist that shills for the GOP Fox News, but Fox News keeps winning in the notes because the real journalists like Brett Baier and Chris Wallace asking tough questions. If MSNBC had a new division rather than the current format of liberal opinion 100%, Barack Obama would have been properly checked. Each contestant was challenged only GOP, which made strong responses are given more weight.

The only complaint with Fox News is that potential candidates who are not on the scene must remain silent. A question about Rick Perry and Sarah Palin were inappropriate, because they take time away from candidates on stage. All networks play this game, and it must stop. The focus should be on those who took the time and effort to confront the questions.

Of the eight candidates on stage, six of them and is composed. Newt Gingrich and Tim Pawlenty were inflamed. Herman Cain was funny. Michele Bachmann was passionate. Mitt Romney was polished. Rick Santorum was sincere.

Bachmann came out shooting, Barack Obama said "You finished in 2012."

Brett Baier got the first laugh of the night, noting that Romney has been accused of hiding in the "Mittness Protection Program."

Romney defended well all night, and justified its low raises Obama crashes. "I will not eat dog food for Obama" was a great line. But his best line was "Obama is out of his depth. To create jobs, you must have a job."

Chris Wallace asked a very hard, but totally correct (as is almost always the case with Wallace ultra-professional) question about passing Romney Bain Capital that the dismissed workers.

Romney responded intelligently and appropriately. Bain, "we have invested in hundreds of companies, not all of them worked." He then told Wallace, "I know how an economy."

Romney also distinguished between legal and illegal, and said that America should welcome the best and brightest. "If you have a PhD in physics, we need a green card based on your diploma."

When high Romneycare Wallace, Romney was well prepared. He distinguishes between the federal and state mandates and asked Wallace, "Are you familiar with the Constitution of Massachusetts? I am.

You Have the Right to Remain . . .

Ou have the right to remain silent. Those seven words form the first sen­tence of that Amer­i­can icon, the Miranda Warn­ing. The read­ing of a suspect’s rights is so imbed­ded in our cul­ture that even grade school stu­dents can recite it. But I would argue that while the gen­eral pub­lic gets the word­ing right, they gen­er­ally score a big “F” when it comes to under­stand­ing the Miranda rights—and this could kill an author’s oth­er­wise metic­u­lously writ­ten police pro­ce­dural. Let’s take a look at what Miranda is, and is not.

The Miranda Warn­ing grew out of a land­mark 1966 Supreme Court case. The deci­sion in Miranda vs. Ari­zona held that state­ments made by a sus­pect while in police cus­tody could only be used dur­ing trial if the state showed that:

1) It had warned the sus­pect of his or her rights against self incrimination;

2) The sus­pect under­stood these rights, and;

3) The sus­pect had vol­un­tar­ily waived their rights.

That’s the essence, and like so much in life the Miranda Warn­ing has excep­tions aplenty. These excep­tions are sig­nif­i­cant and have led many to pre­sume that an arrest is not legal if the arrest­ing offi­cer did not inform the sus­pect of their rights. This is so entrenched in the public’s mind that it’s taken on myth­i­cal proportions.

Briefly, there are innu­mer­able instances in which offi­cers arrest peo­ple for crimes com­mit­ted in their presence—shoplifting, for exam­ple, or felony assault and battery—it doesn’t mat­ter. The offi­cer arrests the sus­pect and takes them to the sta­tion for pro­cess­ing. But all along the cor­ners of the suspect’s mouth begin to lift. This grows into a smile as they’re fin­ger­printed and ends in out­right laugh­ter as the offi­cer puts their arrestee in a deten­tion cell, at which point the sus­pect invari­ably utters that mag­i­cal line, “Ha ha, you never read me my rights. Now I’m gonna sue you for false arrest.” But, the offi­cer has noth­ing to worry about because where Miranda is con­cerned, it’s all about whether the offi­cer inter­ro­gated the sus­pect while they sus­pect was in police cus­tody. In other words, it the offi­cer saw the crime com­mit­ted, he doesn’t need to ask the sus­pect, “Did you do it?” So there’s no need to “Miran­dize” the suspect.


Cases Exceptions To Miranda Rule - Bookshelf

An Introduction to Policing

An Introduction to Policing

certain exceptions to Miranda. A sample of post- Miranda cases that have led to the weakening of the Miranda rule follows. Harris v. New York In Harris v. ...

Criminal Procedure, Principles, Policies, And Perspectives 2006 Supplement

Criminal Procedure, Principles, Policies, And Perspectives 2006 Supplement

Other "exceptions" to Miranda. We have already seen other doctrines that can be ... Miranda rule. Revisit casebook, p. 582, Note 5, to consider the Harris ...

AMERICAN CONSTITUTIONAL LAW, CIVIL RIGHTS AND LIBERTIES

AMERICAN CONSTITUTIONAL LAW, CIVIL RIGHTS AND LIBERTIES

The Court of Appeals also relied on the fact that we have, after our Miranda decision, made exceptions from its rule in cases such as New York v. ...

Summaries of leading cases on the Constitution

Summaries of leading cases on the Constitution

The rules prescribed in that case have "become embedded in routine police practice to the ... The subsequent exceptions to Miranda did undermine its alleged ...

The Legal Environment Today

The Legal Environment Today

The Miranda Rule In Miranda v. Arizona, a case decided in 1966, ... could not be overruled by a legislative act.15 Exceptions to the Miranda Rule Over time, ...

Detect Guide Directory


Exceptions to Miranda rule: Are they constitutional? / The ...
Exceptions to Miranda rule: Are they constitutional? The Supreme Court hears three cases this week that could clarify the scope of defendant rights. ...

Experts: Obama Admin Pioneering Robust Use Of Miranda ...
The Obama Administration is applying an old exception to the Miranda rule in a new way in order to interrogate terrorism suspects before reading them their rights, ...

Miranda Exceptions | LegalMatch Law Library
Find Miranda Exceptions and Attorneys in your area. The following are situations where courts have deemed that Miranda is not necessitated

Confessions - The Self-incrimination Approachâ€"miranda ...
With regard to the interrogation requirement, at least one subsequent case has actually ... Later Courts have fashioned a wide variety of exceptions to Miranda's per se rule. ...

Archives
Obama To Seek Miranda Rights Exception For Terrorism Cases ... The proposal to ask Congress to loosen the Miranda rule comes against the backdrop of ...