Missing word in BSO's Miranda warning allows accused killers to go free

Re: Wow!!!

Too bad we can't get Bush43 to appoint Wild Bill to the Supreme Court.

 

I'm either impressed or stunned, not sure which.
Now I know why I didn't go to law school.

 

Re: Part 4 of 5

It's very simple, Gregg. In order for Miranda to apply, you need;

1) Custody

AND

2) Interrogation

As I mentioned, I don't ask any questions in the overwhelming majority of arrests I make, simply because I don't have to. I have probable cause to make the arrest, so I leave it at that. The people are in custody, but I'm not interrogating them. No need for Miranda, and reading Miranda to them might prevent the "excited utterance".

Now, I'm not saying I never give Miranda to those I arrest. I arrested a junkie several years ago, and while we were waiting for him to be booked, he got a "Bad Jones" (heroin withdrawal), so I bought him a candy bar with my own money, since sugar somewhat takes the edge off withdrawal.

He was apparently so impressed with that act of kindness (I just didn't want him to start vomiting) that he suddenly started talking about being a passenger in a car that did an unsolved drive-by shooting. I immediately stopped him, read Miranda, had him sign a waiver, and then listened to his story. As a result of what he said, there was an arrest and conviction.

 

Re: Re: Part 4 of 5

It sounds like you should turn in an expense reimbursement request for that candy bar.

Columbo should have given the Tootsie Pops to the suspects instead of sucking on them himself. Of course that might have made the investigation too short so it wouldn't fill out the whole hour.

 

Same

KOJAK

 

I don't understand how a confession can be invalidated because of a misquoting of miranda rights. A confession is a confession, regardless.

Obviously, a confession extracted by torture is worthless, but we're not talking about anything even remotely close. This is an error in the formality of the arrest procedure.

I don't see any common sense in this. If I were a female rape victim and the punk got off on this sort of technicality, I would be convinced there is no justice in this legal system.

 

Well, it seems that telling someone that they have the right to have an attorney present before questioning isn't necessarily the same as telling someone that they have the right to have an attorney present during questioning.

 

I would be inclined to feel the same way, and in fact I do but for one small part of me that sees the way it must be. We must always err on the side of caution, while an offender can be punished a sexual battery or a murder or a robbery or any crime can never be undone. Certainly reparations can be made and the offender if found guilty must be punished.


It is however, far far better to let ten guilty men go free than to imprision one innocent man. The rules we have set up seem to favor the guilty, yet they truly favor the wrongly accused innocent man. It is not a perfect system, but it is less unjust than any other.

 

Re: Same

Thanks, Clay, after I posted, I was thinking that maybe it was Kojak with the Tootsie Pop. If Columbo ate a Tootsie Pop he would have to put the stick in his coat pocket when he was done and that would just be kind of gross so I'm glad that it was Kojak.

 

As I understand the rational, if you let the police get away with it then they would continue to do it. So, the courts let a guilty person or two go free to make sure that the police always follow the rules.

 

Re: Re: Part 4 of 5

Bruce! You mean you spent a whole 75 cents on a scrote? Damn - if you keep doing that we all might start thinking of you as one of those bleeding heart liberals

 

Same

Bill,
Columbo was a slob and smoked cigars. Bright guy, but would never get inside my place. A little OCD. Heavy starch, no dust, detailed auto, and my cell phone sounds like some carnival ride, which really bugs me. So I set it on vibrate, and never wear it. Have four in boxes, all have some flaw. Like all my ex's. One from Texas. The rest from near and far. Now they have me surrounded like the Indians and Conestogas. Justice is a risible concept.

Your typical regular guy. Right!?

And so to stay on topic, I read them all Miranda, just incase they found one of my guns.

Clay (Mud)

 

Re: Same

I think Columbo's act was to try to look dumb (when he was actually quite an intelligent dude) ... in hopes that the opposition would misunderestimate him.

 

Same

True as to acting inept, but he was a slob. That wasn't a ploy although it did enhance his appearance of being harmless. No command presence.


Clay

 

Same

Misunderestimate? Got me there. Let me redisthink this one.

Clay

 

Re: Re: Same

I think it was in the first show that his antagonist, a psychiatrist, called him a classic case of compensation. I've known guys like Columbo.

 

Re: Re: Re: Part 4 of 5

IIRC, it was actually a 50-cent Hershey bar (this was a long time ago.....late 80's), which I gladly paid.

 

Re: Re: Re: Re: Part 4 of 5

Bruce: Did you at least get to write that 50c off on your taxes? Also, when you say that Miranda is only required when there is ARREST and INTERROGATION, does that mean that you can interrogate without arresting and Miranda would be unnecessary?

 

Re: Same

But I think that his being a slob was part of his attempt to look dumb.

 

Bill Huffman:

That's exactly the reasoning.

Guy Smiley:

No, a confession is not a confession regardless. The purpose of the warnings is to assure ourselves that force is NOT applied. Miranda is the device the Courts developed for that purpose. It has been criticized; some authors believe that the police should be subject to civil rights claims for damages instead of seeing their evidence go out the window. Time consuming and expensive and who would pay? Why, the taxpayer, of course! Be careful of the "you must be guilty or the police wouldn't be meddling with you" mindset. History shows that unrestricted police activity gets sloppy, at best, and vindictive at worst.

All:

I read somewhere that Peter Falk really IS a bit like Colombo and that he invented the charactor.