Notes From Babel

Miranda Goes Mobile

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The Weekly Standard reports that the Obama Justice Department has ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan. While one could hardly complain about spreading the United States’ gold standard of criminal justice, this practice seems like it could become problematic. Miranda informs suspects that they “have a right to remain silent,” and that they “have a right to an attorney.” Actually, they probably don’t have such rights, as they are non-citizens outside of the United States. But once the government tells someone they can expect something, it has the practical effect of becoming a right vested for all eternity. See, e.g., welfare.

H/T Bart DePalma

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Written by Tim Kowal

June 11, 2009 at 5:16 am

Posted in Constitutional Law

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