| Subject: Re: Why The Bill Of Rights Is Failing |
Author:
John W. Slagle
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Date Posted: 11:24:36 12/17/16 Sat
In reply to:
Jackie
's message, "Why The Bill Of Rights Is Failing" on 09:44:17 12/17/16 Sat
Jackie RE: Illegal aliens and their rights upon entering this country, committing crimes or facing felony deportation charges. All had to be advised of their Miranda rights in their native language which required many professional translators who by phone conversed with arrested aliens at the direction of Border Patrol Agents. From foreign nationals from China to Mexican illegals, all had to be advised in criminal procedures of their constitutional rights under law, a very time consuming practice.
In 1966, an Arizona man named Ernesto Miranda was accused of kidnapping and raping a teenage girl. After a few hours of questioning, he confessed his guilt to a police officer. Later, during his trial, the prosecution1 used his confession as evidence to convict him. When the court did find him guilty, his lawyers appealed the case.
The case went all the way to the Supreme Court. The case related to the Constitution, because the 5th Amendment to the Constitution gives everyone the right to remain silent when they are asked to confess a crime. Miranda’s lawyers argued that Miranda did not know about this right, and therefore his testimony could not count as evidence in the trial.
The exact wording of the "Miranda Rights" statement was not specified by the United States Supreme Court and so American law enforcement and federal agencies have all created their own sets of simple statements.
The federal I-214 is offered in English and Spanish.
What they all says is:
1. You have the right to remain silent.
2. Anything you say can be used against you in a court of law.
3. You have the right to have an attorney present now and during any future questioning.
4. If you cannot afford an attorney, one will be appointed to you free of charge.
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