RE: 14 y/o Muslim student arrested for bringing "bomb" to school[It was a Cl...
September 23, 2015 at 6:34 pm
(September 23, 2015 at 2:34 pm)Minimalist Wrote: This is a 2011 Supreme Court case, on point, which any judge or appellate court would have to overcome.
http://criminal.findlaw.com/juvenile-jus...inors.html
Quote:The case the Court ruled upon involved a 13 year-old boy whom the police suspected of involvement with two burglaries. A police officer went to his school, removed him from class and placed him in a conference room with the door closed and two school administrators present.
The officer did not give the boy a Miranda warning or inform him that he could leave the room at any time prior to beginning the questioning. After the boy admitted to participation in the burglaries, however, the officer told the boy that he could refuse to answer questions and leave whenever he wanted. The boy stayed and provided further detail about the crimes.
The Supreme Court held that the trial judge improperly denied the boy's request to throw out the statements he made to police because he did not receive the proper Miranda notification. The Court recognized the fact that, because of their relative immaturity and lack of experience, children "cannot be viewed simply as miniature adults".
- See more at: http://criminal.findlaw.com/juvenile-jus...ftwt5.dpuf
Note that this was the customary 5-4 ruling with the 4 nazis voting to treat a 13 year old as a career criminal. Typical.
Note also that, had they administered a "proper Miranda warning", they could have thus interrogated him as though he was an adult criminal. Also note that it's implying that adults can be tricked into making statements without proper Miranda warnings; I don't feel like digging up the caselaw on it, but there are a few ways they can get around Miranda, nowdays.
As someone who had to wait through almost 6 1/2 years of appeals to reach an appeals court that would overturn my judge's improper inclusion of evidence (and other trial malfeasance), and am still waiting for my day before the Supreme Court on an issue of denial of credit for pretrial incarceration toward my sentence, I'd say that it doesn't much matter what SCotUS says, as long as there are no major penalties for police and officers of the court who violate these basic rights "accidentally". And we're not even close to that.
Essentially, unless there is a public outcry like occurred in this case (thankfully!), it was just as likely as not that he'd have become another forgotten statistic in the insatiable machine that eats people's lives.
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I replied: Can I refuse? Because I find the entire concept of vicarious blood sacrifice atonement to be morally abhorrent, the concept of holding flawed creatures permanently accountable for social misbehaviors and thought crimes to be morally abhorrent, and the concept of calling something "free" when it comes with the strings of subjugation and obedience perhaps the most morally abhorrent of all... and that's without even going into the history of justifying genocide, slavery, rape, misogyny, religious intolerance, and suppression of free speech which has been attributed by your own scriptures to your deity. I want a refund. I would burn happily rather than serve the monster you profess to love.