Supreme Court rules police can interrogate suspects without attorney present

[dajoki]

Supreme Court rules police can initiate suspect's questioning
Tue May 26, 2009 11:58am EDT
By James Vicini
http://www.reuters.com/article/domesticNews/idUSTRE54P47120090526

WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant's lawyer being present.

By a 5-4 vote, the conservative majority overruled a 23-year-old Supreme Court decision that barred the police from initiating questioning after a defendant asserted the right to an attorney at an arraignment or similar proceeding.

<<snip>>

The ruling was the latest in a recent string by conservative justices expanding the power of police to question suspects, but it does not change the landmark 1966 ruling barring the police from questioning a suspect who invoked the right to remain silent or have a lawyer present.

<<snip>>

Writing for the court majority, Justice Antonin Scalia said there was little if any chance a defendant will be badgered into waiving the right to have counsel present during police-initiated questioning.

In overruling the 1986 decision, Scalia said, "The considerable adverse effect of this rule upon society's ability to solve crimes and bring criminals to justice far outweighs its capacity to prevent a genuinely coerced agreement to speak without counsel present."

Liberal Justice John Paul Stevens, the author of the 1986 decision, disagreed.

In dissent, Stevens said the dubious benefits of overruling the decision are far outweighed by damage to the rule of law and the integrity of the constitutional right to an attorney.

[DS1]

1. Wow Scalia is an idiot

"will be badgered into waiving the right to have counsel present during police-initiated questioning."

They already DO this anyway

[safeinOhio]

24. The Fifth Amendment seems pretty clear to me, so

he must be one them activist judges.

[Javaman]

2. Yay!!!! fling that torture door wide open!!!

Yay!!!! no more rights!! Miranda? who's that?

Weeee!!!!

It was great while it lasted.

[Vickers]

3. Why is Scalia referred to as "Justice Antonin Scalia" and Stevens is

referred to as "Liberal Justice John Paul Stevens."

:shrug:

That goddam librul media at it again...

:grr:

I'm wondering if Whacko Conservapuke Justice (sic) Scalia has even READ the Constitution...

[indepat]

21. Wacko Justice Scalia don't give no fuck what the Constitution say

:P

[Help_I_Live_In_Idaho]

4. Time to get out of the USA

Looks like things are getting ugly for the regular guy. If I ever get interrogated they will have to torture me and we all know torture doesn't work.

[votingupstart]

5. what are the "certain circumstance" ????? nt

[dajoki]

10. My guess is...

if the cops decide its necessary, which will be always.

[Solly Mack]

6. K&R

[Tesha]

7. Learn to say this:

"I will be happy to speak with you once my attorney is present.
Until then, I have nothing at all to say to you."

Repeat as often as necessary AND DON'T SAY ANYTHING
MORE!

Tesha

[Echo In Light]

11. There'll be plenty of sadists who likely won't let that deter their enjoyment

[L. Coyote]

18. Learn to close your eyes and say nothing.

And don't let being tortured get to you!

[L. Coyote]

20. Laws were creted to burn witches, laws are just as malleable as water.

Laws madeit legal to seize the assets of witches and toenslave pagans.
Laws are now and always have been tools of the minority creating them!

This is why true democracy is so necessary!
Bush Junta judges are not part of true demcracy!
They are the product of illegal election theft.

[Echo In Light]

26. But in America, that's just a "conspiracy theory," so good luck...n/t

[dajoki]

28. I believe appointing Supreme Court Judges...

is one of the most important duties a President has. The people they select affects the country for multiple generations, long after their terms are finished. And Bush put some young white men on the court who will be there for a long time.

[Tesha]

42. Oh give me a break!

Most police in this country still aren't torturers. Most still understand
and uphold the rule of law, at least for "clients" who have some basic
knowledge about their rights.

So learn something basic about your rights: Have a lawyer, and don't
be shy about invoking their name if you ever become a "client" of the
police. Join the ACLU. And learn to say "I have nothing to say until I
see my lawyer".

Tesha

[L. Coyote]

43. It only takes a few!

Knowing your rights means nothing when the police do as they choose, lie to a judge, etc.

Apparently your experience with the police isn't first hand, just theoretical!!
They have all the power, and they are a club, judges, cops, and lawyers.

[Tesha]

44. Actually, I know and frequently speak with lawyers of all stripes including very active...

...criminal defense attorneys. So don't embarrass yourself by speculating
about what part of my knowledge is "theoretical".

Tesha

[L. Coyote]

45. Speaking with lawyers

is not torture!

[Tesha]

46. Since you're the one claiming that American police routinely torture suspects...

I think there's some onus on you to provide
us with some proof that this routinely occurs.

And no, citing a few widely-publicized cases
like Rodney King and Amadu Diallo (sp?) won't
do -- the fact that these cases got such widespread
publicity defeats your argument.

Tesha

[L. Coyote]

47. Why are you trying to tell me what I claim?

Did I use the word routinely?

Torture certainly is "routine torture" when you waterboard someone six times a day.
I did not say suspects are routinely tortured, you put that together on your own.

[Tesha]

50. That's the clear implication of your reply #18.

Otherwise, people could just take my advice and
learn how to keep their mouths shut until their
lawyers arrive.

Tesha

[Echo In Light]

48. Torture Is an American Value: Reality vs. the Rhetoric

http://www.vvaw.org/veteran/article/?id=579

Enduring Abuse: Torture and Cruel Treatment by the United States at Home and Abroad - Executive Summary
http://www.aclu.org/safefree/torture/25351pub20060427.html

Prisons Torture
http://archive.prisonactivist.org/?q=taxonomy_menu/9/59/92

Torture, American style
The surprising force behind torture: democracies
http://www.boston.com/bostonglobe/ideas/articles/2007/12/16/torture_american_style/

Prison Torture Begins at Home
http://news.ncmonline.com/news/view_article.html?article_id=303467eeaf73de040b1f3829d68af0af

[Tesha]

51. I'll actually agree with you that American prisons are torture.

But that's not what we're discussing here; we're discussing
cops, interogatipn techniques, and what you should and
shouldn't say to the cops.

Nowadays, it's actually pleasantly rare that the cops beat
a confession out of someone in America and when it happens,
the public often hears about it.

Tesha

[Echo In Light]

8. Damn "activist" judges, anyhow

[bertman]

9. Got to keep those cells full otherwise the incarceration industry might lose market share.

Seems to me, with the largest prison population in the world, by sheer volume and percentage of citizens, we're doing just fine convicting folks even with having an attorney present for questioning. But maybe our "batting average" was slipping some.

[Soylent Brice]

12. unreal.

[Vinca]

13. This is truly astonishing.

[47of74]

14. If Scalia actually believes that s--t I've got the following items for sale...

If Scalia actually believes that shit about there being little or no chance of people being badgered into speaking without an attorney present I've got the following items for sale;

[indepat]

15. So it's damn the rule of law and the constitutional right to an attorney: have the felonious five

yet again made a mockery of our Constitution? :P

[Echo In Light]

17. ...but it's America, so it don't really matter

[fujiyama]

16. These are times

when I say thanks Ralph!

[dajoki]

19. I know what you mean!! n/t

[Raskolnik]

22. Scalia and Thomas would like nothing more than to do away with Miranda.

This is why winning elections matters.

[Blackhatjack]

23. We are in for more constitutional deconstruction until a far right Justice steps down....

5-4 decisions have traditionally indicated a split on the SCOTUS bench that could easily swing the other way under a similar set of facts.

However, with Roberts as CJ and Scalia, Thomas and Alito in agreement, it is unlikely that the decision will be changed any time soon. Kennedy is the unreliable counterweight, prone to vote with the Roberts' faction on many issues important to moderates and liberals in our country.

[blogslut]

25. Getting Sotomayer confirmed is vital

She's going to kick those guy's asses.

[endless october]

27. lots of bad fucking decisions today.

[Echo In Light]

32. A lot of STRATEGIC decisions today

[lies and propaganda]

29. Cops never take advantage!

They would never badger a witness, never!

[dajoki]

31. Oh, no, never

:sarcasm: :sarcasm:

[kenny blankenship]

30. And if a little water should get into the suspect's nose, putting him in a more cooperative mood

and jogging his memory before the attorney can be contacted, well - it's not as if we're Medieval torturers or something!

[RB TexLa]

33. But a suspect or witness does not have to say a word.

[spanone]

34. i sure hope that sotomayer is an activist liberal judge

[gaspee]

35. WTF!

Unbelievable. As if the police and the court system don't already have enough power over people's lives. American justice is a fucking joke. Money is what talks in our supposed justice system. If you don't have money, you might as well just plea because your ass is gonna end up in jail.

[dajoki]

36. You are so right...

and the worst part is that they are all in on it together, judges, DAs, public defenders, magistrates, and yes, even your own attorney!!

[bvar22]

37. You can thank our "Centrist" Democratic Senators for this.

Progressive Democrats stood with John Kerry to block the appointment of the Fascist judges, but were betrayed by a group of "Centrist" Democratic Senators led by Joe Lieberman who joined with the Republicans to seat Alito and Roberts.

SEE: Gang of 14

[dajoki]

38. This Court...

has done nothing but dismantle every protection for the common man and woman since Roberts and Alito were seated. They have overturned precedents that have stood for almost a century!!

[TrogL]

39. Obviously Scalia has never been subjected to the Reid Technique

[Vidar]

40. Bringing the torture back home.

[TexasObserver]

41. This ruling is outrageous!! Scalia hates the Bill of Rights.

Jesus Fucking Christ!! The right to not be questioned upon asking for counsel is a basic right that all accused persons must have.

[Zodiak]

49. Not any more

Are you liking our conservadems now? They gave us this court with a hearty "hi ho!" when it was within the Democrat's power to block it.