RE: Early Morning Chaos in Boston (Full Version)

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WantsOfTheFlesh -> RE: Early Morning Chaos in Boston (4/20/2013 11:18:53 AM)

quote:

ORIGINAL: Aswad
Let me be perfectly clear: if saving my loved ones is contingent on violating my values in an expedient manner, I may as well start grieving right away. The alternatives are (1) not having any values, or (2) not having any values, but pretending to anyway. I'm fairly certain that's an exhaustive listing of the possibilities, except rescinding moral agency, which falls under the first heading pretty much by definition.

theres a third option ya dont consider - having tha wrong "values" in tha first place & stubbornly committing tha sin of sticking rigidly to those precious values no matter what life throws at ya.




vincentML -> RE: Early Morning Chaos in Boston (4/20/2013 12:09:52 PM)


quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: vincentML
There is no gray area.



Your howls aside, this is the place where I dismiss your significance in the conversation. If you find being dismissed is my typical response to your efforts, maybe you should improve your efforts. The world is full of shadows and grey.

Uh, no. Your standards are not universal and mandatory to anyone else on these Boards. You should really get over yourself.




DaddySatyr -> RE: Early Morning Chaos in Boston (4/20/2013 12:27:58 PM)

It was part of the headline on Yahoo this morning that the suspect was in custody but had not been Mirandized.

I attributed it to the fact that he was in pretty bad shape, when they took him into custody and that medical attention was the first order of business.

Believe it or not in all but very extreme cases (and yes this is an extreme case), once the suspect is a patient, the doctor can prevent police from questioning the patient depending upon whether or not the patient is up to the ordeal as far as the doctor is concerned.

Let's remember that law enforcement believes that both of these people planted a bomb, killing three people and injuring more than 100 others. They also believe that one or both of these people killed a brother officer. That's not going to win them any favorable treatment in a holding cell but it will almost ensure that the cops will do everything by the book so that he doesn't get off on a technicality.

Personally, I believe in the protections of the constitutions but, I believe in them as a matter of protection for citizens and visitors (I consider these two visitors, right now, since their citizenship status is unknown) unless the purpose for the visit is specifically to commit an act such as this. I think this suspect deserves the protections of our constitution and from what I can see, he's getting them in accordance with what is possible and practicle.



Peace and comfort,



Michael




tj444 -> RE: Early Morning Chaos in Boston (4/20/2013 12:49:30 PM)


quote:

ORIGINAL: DaddySatyr
Personally, I believe in the protections of the constitutions but, I believe in them as a matter of protection for citizens and visitors (I consider these two visitors, right now, since their citix=zenship status is unknown) unless the purpose for the visit is specifically to commit and act such as this. I think this suspect deserves the protections of our constitution and from what I can see, he's getting them in accordance with what is possible and practicle.


I dont think there is much question as to this young mans guilt and participation in these crimes, seems to be plenty of evidence already to put him away for life.. so if he is questioned and somehow what he says is excluded cuz of not being read his rights (I have read he became a citizen a year ago).. then he is still gonna go to jail for a hell of a long time... imo, they want to find out his motivations (which have nothing to do with already proveable guilt), its more (imo) an attempt to understand his/their thinking and perhaps learn from that to prevent future attacks.. and second, to find out if he/they had any other help or co-conspirators.. but again, i dont think other suspects can rely on lack of miranda of their cohorts to prevent use of that info against them.. So imo, miranda or no miranda, in this particular case its pretty irrelavant..




Aswad -> RE: Early Morning Chaos in Boston (4/20/2013 4:19:18 PM)

quote:

ORIGINAL: TheHeretic

This is where we diverge, Aswad. The right of the innocent to go about their business without getting blown up is a value as well. As I'm understanding what you have said, that is the value you are willing to chuck out the window, in a conflict with the value of the suspect's right's. I'm going with the right of the people to peacefully assemble.


Right of assembly exists between State and Citizen. So does the right to due process.

But, hey, you're right. Police believe they have the guilty party, heretofore referred to as "the suspect" until the formality of a verdict has been notarized in a court of law for the benefit of nitpickers like me who irrationally insist on there being strict rules to regulate the interaction between States and Citizens. So let's ditch due process right now, and just redefine him as guilty. Get some righteous torture going so he can reveal that his brother, uncle, nurse, president and unborn child were in on the whole thing. Then let's execute him by piling those people on top of him in a huge press and say justice was done.

And let's do the same thing the next time the designated agents of the State feel like they've got a handle on things.

You're talking about the State unilaterally withdrawing from the arrangement between States and Citizens whenever it's convenient. Fuck that, no. You want to have the safety of Citizens assured? You want to save Citizens' lives? Then start with things like universal healthcare. What? That a "no" I'm hearing? Is that in any way a controversial measure? Isn't it obvious that the State can and should tax all its Citizens howevermuch it feels is necessary to ensure the health of other Citizens? Shouldn't their lives trump your fiscal integrity?

That's what this notion of "rights" extending to matters between Citizens is about, an entitlement of the Citizens which is effectuated by empowering the State to stomp on other Citizens for the reason that someone wants something from you, rather than for the reason that you've broken the law. That's part of the rotten heart of modern socialist thinking. It seems to me it's pretty controversial when it's about things like healthcare or when it applies to you and me, and for good reason. So, too, should this be controversial.

Innocent until proven guilty.

I don't know if you're big on that. I am. In part because I'm not the State and the State is not me. It's not about what "we" want to do to the guy, or how "we" see him. There's no "we" in there (in fact, that's usually illegal, falling under the heading of vigilantism or whatever). It's between him and the State, as in any other case where the State apprehends a Citizen on charges of having broken the law. And until this man has been tried before a jury of his peers and found guilty, the State should consider him a Citizen and accord him the rights due any other unconvicted Citizen.

If you want to torture and kill him, go do so. I won't complain. If the State upholds its duty to prosecute you for it, I won't complain about that, either. If you go with it, turn yourself in and plead guilty, I'll silently salute you in my heart for your integrity. But the moment you want to loosen the leash on the State in relation to its Citizens, that's when we disagree.

quote:

Is it worth losing a little sleep over? Absolutely.


Quite so. Almost as much as the notion of a State being allowed free reign in matters of law.

quote:

So, if something bad has to happen here, what is the best way to do it?


Read him his rights. Take him to the nearest place you have a recorder on hand to document the interrogation, and start asking questions. That's what we did up here with Breivik. And, as you no doubt remember, he was a far more credible threat than this guy. He already blew up three times as many people and a building, injured between 300 and 800 people (depending on what you count as an injury), shot nearly a hundred youngsters, and- so the police believed at the time- had explosives rigged around the island, which still had a lot of innocents on it.

You already had most of Boston in effective house arrest. The streets were empty, except for police. There were no large masses of civilians to target anywhere. There was no evidence of any large explosive devices, nor had he shown himself capable of making and deploying any. And the police had just swept through Watertown, house by house, meaning they would have noticed any trucks parked around the place. So, tell me, in what way did he pose a credible threat to public safety at that time?

Near as I can tell, in a worst case scenario of another bomb being out there, he could've killed a couple of people. If that's a matter of public safety in your book, then it's time to shut down traffic for good and collect every handgun out there, because they are a greater threat by far. Thought not. Don't make a 19 year old boy- killer or not- out to be Zeus come down from Olympus with a vengeance. The greatest credible threat was the adrenaline in a ton of highly armed police.

Perspective. It matters. The West, TX plant, that was a matter of public safety. You've set a standard for how to deal with such a thing (i.e. build schools and nursing homes around the threat, then let it keep operating without even qualifying for a licence, let alone having one). West was a dozen dead and several blocks destroyed. Boston was fewer dead, fewer injured, and no serious building damage. Not a public safety emergency.

Boston was bad, but that's no reason to lose your cool or your perspective.

IWYW,
— Aswad.





Aswad -> RE: Early Morning Chaos in Boston (4/20/2013 4:22:54 PM)

quote:

ORIGINAL: kdsub

Yea right


You calling me a liar, Butch?

IWYW,
— Aswad.





Aswad -> RE: Early Morning Chaos in Boston (4/20/2013 5:19:22 PM)

quote:

ORIGINAL: WantsOfTheFlesh

theres a third option ya dont consider - having tha wrong "values" in tha first place & stubbornly committing tha sin of sticking rigidly to those precious values no matter what life throws at ya.


In your book, that's a sin. In my book, it's the first virtue. What you're advocating is, as I see it, amorality. I don't go in for that, and consider it a weakness with no redeeming features.

IWYW,
— Aswad.





WantsOfTheFlesh -> RE: Early Morning Chaos in Boston (4/20/2013 5:22:20 PM)

quote:

ORIGINAL: Aswad
quote:

ORIGINAL: WantsOfTheFlesh
theres a third option ya dont consider - having tha wrong "values" in tha first place & stubbornly committing tha sin of sticking rigidly to those precious values no matter what life throws at ya.

In your book, that's a sin. In my book, it's the first virtue. What you're advocating is, as I see it, amorality. I don't go in for that, and consider it a weakness with no redeeming features.

so its a virtue to refuse to change yr values specially when tha wrong values? ever been wrong once & changed yr mind?

eta: how is revising values wit fair reason as stipulated tha same as amorality?




Powergamz1 -> RE: Early Morning Chaos in Boston (4/20/2013 6:04:45 PM)

Thanks for admitting that your notions came from Wiki, instead of from any factual legal resource.

Even in the part you cited, it says 'prior to interrogation', it does not say 'immediately upon arrest'.

And the part that TV doesn't explain is that Miranda is *only* required under the Court rulings when a two-fold test is applied... 'not free to leave', and *the questions = the focus of suspicion*. They also don't point out that the remedy is to toss the information obtained prior to the reading and waiver of Miranda rights.

In this case, the first test is clearly satisfied. The second is not triggered by questions like "what is your name" 'Are you injured?' or 'What happened here?'

A question like 'Are there any other bombs set to go off?' is where the media's new boy-howdy comes from. It needs to be asked under emergency circumstances... *but nothing says it has to be answered*. And in answering it, the defendant is not incriminating themselves as to all of the other acts previously committed.

So again, go beyond the sensationalized headlines... nothing in that DOJ press release indicated that the subject will being denied a lawyer, or forced to self incriminate. He's being asked where the other bombs are. If the feds screw that up, then shame on them.

quote:

ORIGINAL: LizDeluxe

quote:

ORIGINAL: Powergamz1
And from what comic book did you get the ridiculous notion that someone has to be immediately read their rights like on TV, before they are asked about other bombs they may have left out there?

Because neither the Constitution, or the Supreme Court says any such thing.


From Wikipedia:

The concept of "Miranda rights" was enshrined in U.S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for domestic violence. (Miranda was subsequently retried and convicted.)

The Supreme Court did not specify the exact wording to use when informing a suspect of their rights. However, the Court did create a set of guidelines that must be followed. The ruling states:

...The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent her or him.


So much for that.

quote:


Seems like any 'good feelings' you had toward law enforcement were simply a facade, if it was that easy to shed them.


I'll readily admit that I have an extreme dislike and distrust for law enforcement in general. While my feelings last night ended up being fleeting, they were genuine at the time. Of course, I awoke this morning to read yet more proof of why my dislike and distrust of law enforcement is truly warranted.






kdsub -> RE: Early Morning Chaos in Boston (4/20/2013 7:21:39 PM)

quote:


That all sounds great...and noble...but when the police have to know if they placed bombs still not found that could kill and injure, maybe your son or daughter, then the ability to ask him questions outweighs his Miranda rights. This is accepted law within and in accordance with the Constitution of the US....Me

Let me be perfectly clear: if saving my loved ones is contingent on violating my values in an expedient manner, I may as well start grieving right away...You

Yea right...Me

You calling me a liar, Butch?...You


Just say I don't believe you...when the knife is at your love ones throat I think you will get off that high horse and see reason.

Butch




slvemike4u -> RE: Early Morning Chaos in Boston (4/20/2013 7:29:53 PM)


quote:

ORIGINAL: JeffBC

quote:

ORIGINAL: slvemike4u
Miranda does seem just a bit of overkill in this case anyway doesn't it....lol.

No. The rule of law does not seem like overkill to me in pretty much any case.

What I meant by that Jeff(and I'm sorry I wasn't clearer) was that there was,in this case,no need for this kid to say anything to incriminate himself....That there was a mountain of evidence tying him to these crimes.....the statements made to the carjack victim,the video evidence,the testimony of cops who were involved in the car chase where IED's were thrown from the car......do I need to go on.


So my use of the word "overkill" only had to do with the fact that no statements were needed from this young man in order to sucessfully prosecute him
Which is the sole reason for MIranda.




TheHeretic -> RE: Early Morning Chaos in Boston (4/21/2013 9:33:08 AM)

I'm not talking about the State unilaterally withdrawing from anything, Aswad. I'm talking about protecting the criminal justice system from being tainted by the exigent circumstances of this particular case.

It has been noted along the way that the US Supreme Court gave the official okey-dokey to holding off on reading a suspect his rights almost 30 years ago, and it is something I've never been a big fan of. Our rights don't come off that little card. They are in place before the first cop opens his mouth with the first question. Creating a "let's hope he's stupid," clause is damaging to equal protection under the law, and advances the notion that suspects don't have rights until the cops give them to you.

This kid just completed the process to become a US citizen. He swore in on September 11, of last year, a whole 7 months ago. We can assume he knows about the right not to self-incriminate, and to legal counsel. The problem is, the situation falls into that nasty grey area, where the correct response to, "I want a lawyer," is, "I want a pony and a red wagon. Where are the rest of the bombs?" I'd much prefer that conversation not happen in police custody.

We hear a lot from people with a fine understanding of police procedure from books and TV about how this or that is done, without much comprehension of, or even in a state of denial about, what law enforcement really gets up to. Allowing it to be handled in the civilian status quo is not the best option.





Owner59 -> RE: Early Morning Chaos in Boston (4/21/2013 9:43:48 AM)


Word is,he`s been shot in the throat with major damage to his tongue(poor thing) and may never be able to speak.


They are also investigating the possibility that he tried to take his own life.



[image]http://i2.kym-cdn.com/photos/images/newsfeed/000/533/029/f6d.jpg[/image]




Powergamz1 -> RE: Early Morning Chaos in Boston (4/21/2013 9:56:22 AM)

Just because some police might abuse the exigent process, doesn't mean that it shouldn't be followed here. The exception is there for a reason, the limits are well known, and 'Are there any other bombs?' is exactly what should be covered.
And this particular case is the least likely to cross the line because of the notoriety.


quote:

ORIGINAL: TheHeretic

I'm not talking about the State unilaterally withdrawing from anything, Aswad. I'm talking about protecting the criminal justice system from being tainted by the exigent circumstances of this particular case.

It has been noted along the way that the US Supreme Court gave the official okey-dokey to holding off on reading a suspect his rights almost 30 years ago, and it is something I've never been a big fan of. Our rights don't come off that little card. They are in place before the first cop opens his mouth with the first question. Creating a "let's hope he's stupid," clause is damaging to equal protection under the law, and advances the notion that suspects don't have rights until the cops give them to you.

This kid just completed the process to become a US citizen. He swore in on September 11, of last year, a whole 7 months ago. We can assume he knows about the right not to self-incriminate, and to legal counsel. The problem is, the situation falls into that nasty grey area, where the correct response to, "I want a lawyer," is, "I want a pony and a red wagon. Where are the rest of the bombs?" I'd much prefer that conversation not happen in police custody.

We hear a lot from people with a fine understanding of police procedure from books and TV about how this or that is done, without much comprehension of, or even in a state of denial about, what law enforcement really gets up to. Allowing it to be handled in the civilian status quo is not the best option.







DomKen -> RE: Early Morning Chaos in Boston (4/21/2013 9:57:27 AM)

quote:

ORIGINAL: TheHeretic

I'm not talking about the State unilaterally withdrawing from anything, Aswad. I'm talking about protecting the criminal justice system from being tainted by the exigent circumstances of this particular case.

It has been noted along the way that the US Supreme Court gave the official okey-dokey to holding off on reading a suspect his rights almost 30 years ago, and it is something I've never been a big fan of. Our rights don't come off that little card. They are in place before the first cop opens his mouth with the first question. Creating a "let's hope he's stupid," clause is damaging to equal protection under the law, and advances the notion that suspects don't have rights until the cops give them to you.

I find it odd how when it was torturing someone in the "ticking time bomb" scenario you were all for it but now that a guy simply isn't being told of his rights you aregetting squeamish.
http://www.collarchat.com/fb.asp?m=2789058




Aswad -> RE: Early Morning Chaos in Boston (4/21/2013 10:01:40 AM)

quote:

ORIGINAL: kdsub

Just say I don't believe you...when the knife is at your love ones throat I think you will get off that high horse and see reason.


Yeah, okay, a slightly greater insult than I originally thought, then.

No point in continuing this exchange.

IWYW,
— Aswad.





Aswad -> RE: Early Morning Chaos in Boston (4/21/2013 10:43:20 AM)

quote:

ORIGINAL: TheHeretic

It has been noted along the way that the US Supreme Court gave the official okey-dokey to holding off on reading a suspect his rights almost 30 years ago, and it is something I've never been a big fan of.


Agreed.

quote:

I'd much prefer that conversation not happen in police custody.


As I understand it, the matter is one of not being forced to incriminate oneself, which does suggest some solutions?

No matter how you go about it, unless you have a reward based incentive to reveal any unaccounted-for bombs, you'll end up with unreliable information in any interrogation. Torture is the worst in that regard, especially if they've done a little bit of prep work, which will become routine if torture is ever used. Memorize some locations that are credible and resource hogs to look into, one of which has a fake bomb. Maybe throw in a real bomb with a motion trigger (easier than timers to make), or maybe have a motion triggered remote (if you're actually using radio). If you give them all locations, they'll have no way to discern which ones they should check out, and they won't know if you're holding back unless they keep going (which will just result in more false locations to spread them even thinner).

quote:

We hear a lot from people with a fine understanding of police procedure from books and TV about how this or that is done, without much comprehension of, or even in a state of denial about, what law enforcement really gets up to. Allowing it to be handled in the civilian status quo is not the best option.


Agreed. Except for a few areas, we use the US police as an example of how not to do it. We're working to replace some of the poor habits introduced by earlier exchange programs with evidence based procedures, and have made a fair bit of headway. The Breivik interrogation is an example of this newer, evidence based approach.

IWYW,
— Aswad.





TheHeretic -> RE: Early Morning Chaos in Boston (4/21/2013 1:17:36 PM)

It seems that his medical condition has made the question moot. In any case, the time window where I think doing it differently would have been better would have closed by now.

Once he's able to engage in some meaningful way, the clear path is straight down the line of the book, all the way to the death chamber.

At least we haven't sacrificed the possibility that he'll get the justice his crime demands.





DomKen -> RE: Early Morning Chaos in Boston (4/23/2013 12:10:31 PM)

Photos of the gun and bomb battle with police
http://www.getonhand.com/blogs/news/7743337-boston-bombing-suspect-shootout-pictures




OrionTheWolf -> RE: Early Morning Chaos in Boston (4/23/2013 2:30:01 PM)

Photos have been removed from that site.

"UPDATE 3:20PM 4/23/2013: I have decided to take down the photos during the ongoing investigation."




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