Miranda Rights

Pommer

CoPacEtiC SkEpTic
Sep 13, 2008
16,347
10,241
Earth
✟137,487.00
Country
United States
Faith
Deist
Marital Status
In Relationship
Politics
US-Democrat
Heard the tailend of segment regarding the military reading enemy combatants Miranda Rights ??? Anyone know anything about this ???


One would ask what do you mean by "enemy combatants"?

If it means prisoners of war, they are covered by the Geneva Conventions.

If you mean "illegal enemy combatants" then you're talking about persons fighting in one country against another country being a citizen of neither country. (I do seem to recall several Americans each fighting on one side or the other, during the Spanish civil war.)

Miranda warnings only cover American citizens accused of wrong-doing.
Miranda warnings protect us (American citizens) all.

But no, I ain't heard of nothing even remotely like this going on.
 
Upvote 0

tulc

loves "SO'S YER MOM!! posts!
May 18, 2002
49,401
18,801
68
✟271,570.00
Faith
Christian
Marital Status
Married
  • Like
Reactions: AirPo
Upvote 0

NotreDame

Domer
Supporter
Jan 24, 2008
9,562
2,493
6 hours south of the Golden Dome of the University
✟505,630.00
Country
United States
Faith
Pentecostal
Marital Status
Married
Politics
US-Others
One would ask what do you mean by "enemy combatants"?

If it means prisoners of war, they are covered by the Geneva Conventions.

If you mean "illegal enemy combatants" then you're talking about persons fighting in one country against another country being a citizen of neither country. (I do seem to recall several Americans each fighting on one side or the other, during the Spanish civil war.)

Miranda warnings only cover American citizens accused of wrong-doing.
Miranda warnings protect us (American citizens) all.

But no, I ain't heard of nothing even remotely like this going on.

The obligation of law enforcement to read an individual Miranda warnings is not predicated upon the citizenship of the individual in custody. The only requirement is the person be in "custody" before interrogation begins and the individual is in "custody" then they must be advised of Miranda, whether they are a U.S. citizen or not. The rights of the U.S. Constitution protects "persons" not merely U.S. citizens. Indeed, the dictates of the 4th, 5th, and 6th Amendment do not use the words "U.S. citizens" but "person(s)."
 
Upvote 0

Pommer

CoPacEtiC SkEpTic
Sep 13, 2008
16,347
10,241
Earth
✟137,487.00
Country
United States
Faith
Deist
Marital Status
In Relationship
Politics
US-Democrat
The obligation of law enforcement to read an individual Miranda warnings is not predicated upon the citizenship of the individual in custody. The only requirement is the person be in "custody" before interrogation begins and the individual is in "custody" then they must be advised of Miranda, whether they are a U.S. citizen or not. The rights of the U.S. Constitution protects "persons" not merely U.S. citizens. Indeed, the dictates of the 4th, 5th, and 6th Amendment do not use the words "U.S. citizens" but "person(s)."

I stand corrected.
Thank you for the clarification.
 
Upvote 0

NotreDame

Domer
Supporter
Jan 24, 2008
9,562
2,493
6 hours south of the Golden Dome of the University
✟505,630.00
Country
United States
Faith
Pentecostal
Marital Status
Married
Politics
US-Others
Ah....I was not trying to "correct" you but rather inform you. I am humbled by your appreciation for the knowledge but all I was doing was informing you, nothing more.
 
Upvote 0

Pommer

CoPacEtiC SkEpTic
Sep 13, 2008
16,347
10,241
Earth
✟137,487.00
Country
United States
Faith
Deist
Marital Status
In Relationship
Politics
US-Democrat
Ah....I was not trying to "correct" you but rather inform you. I am humbled by your appreciation for the knowledge but all I was doing was informing you, nothing more.

Your intent notwithstanding, I found myself, while reading your information, thinking, "why yes, I should have known this!"

To elaborate, if someone is taken into custody on a criminal complaint, I'm aware that the police do not ask "are you a citizen of the United States," before Mirandizing the person.

For that reason I characterized your post as "correction"; it corrected my bit of misinformation.

Be that as it may...

Perhaps it is telling that the FBI agents are Mirandizing persons taken into US custody in order to recognize that these persons will no longer be placed in a legal limbo, (being neither recognized as POWs nor citizens of the state where they were captured)?
 
Upvote 0