Wednesday, May 12, 2010

Miranda

Obama's Department of Justice has taken some positions that I am not too happy with -- wanting to continue some Bush DoJ policies about executive power, surveillance, trials for terrorists suspects, defending some laws that need to be changed (DOMA, DADT) -- and now wanting to "modify" the Miranda rights of suspects.

Truth be told, we don't yet know the details of the modifications they are proposing. It may be only to allow for rare exceptions in rare, crisis circumstances. I'll wait for more information before making a final judgment.

But a letter in today's AJC clarifies what the argument is all about and challenges those on the right (and not so right) who are wringing their hands about coddling terrorists. He says this about the position of those who oppose giving rights to detainees:

1. It assumes guilt, that the arrested person is, in fact, a terrorist.

2. They decry it as protecting the guilty. In fact, Miranda is designed to protect the innocent. Fokes is right: to protect the innocent, we have to give this same right to everyone.

Assuming guilt without legal proof is fundamentally un-American. Until we find a better way to protect innocent people, we should keep Miranda as it is.

Ralph

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