Thursday, July 14, 2005

I thought the eminent domain case that the Supreme Court screwed up was a good example of the mass retardation that's affected the country's judiciary. Nope. The morons in Florida's 4th District Court of Appeals have certainly passed that. They've thrown out convictions of murderers because of the Miranda Rights they were read were inadequate. According to the South Florida Sun-Sentinel, murderers are having their statements thrown out, and it only comes down to one word. The Broward County Sheriff's department read a set of rights to people arrested that said they could have an attorney present before questioning, but didn't specifically state that they could have one during questioning. What an unbelievable crock of shit. If you are so stupid that you don't realize that being able to have an attorney before questioning means you can also have one during questioning, you deserve to go to jail.

Actually, I've always thought the Miranda rights were one of the stupidest court decisions. It was based on incredibly expanded reading of the Constitution. "Nor shall be compelled in any criminal case to be a witness against " (5th Amendment) becomes "The Right To Remain Silent". And "the accused shall enjoy the right ..... to have Assistance of Counsel for his defense" 6th Amendment) became "the police have to stop questioning you once you ask for a lawyer even if you were driving around with your ex-wife's body in the trunk of your car." Even if you think that's good, the bigger problem is that it's mandated that they get read to you. Ignorance of the law is no excuse if you bone a 16 year old in California because you thought the age of consent was the same as in Kentucky. So, why should a murderer get out of jail if he didn't know what his legal rights are? And how many people don't know what their rights are? There are eight million cop shows and movies that read them out to you. There is nothing in the Constitution that says the police are obligated to tell you about your rights. Hell, you can be arrested 19 times and have your rights read to you every time. Yet, if they don't read them to you the 20th time, you can be let go. If the cops can show you knew your rights, why the Hell should they have to read them again? Why are people in this country surprised that deviant bastards with criminal pasts are wandering around kidnapping children and killing people? They know the system is set up in their favor and they think they can keep gaming it. I'm surprised it's not more.

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