At 03:55 AM 5/31/2003 -0500 The Fool wrote:
>http://www.bayarea.com/mld/mercurynews/news/politics/5954295.htm
>
>Supreme Court further dilutes Miranda protections
>BY STEPHEN HENDERSON
>Knight Ridder Newspapers
>
>WASHINGTON - (KRT) - A splintered Supreme Court took another swipe at the
>landmark Miranda ruling Tuesday,
Uh..... I don't see how the reporter reaches this conclusion. It seems
rather obvious that someone's right to not self-incriminate is not violated
if that person is never incriminated, whether by one's self or otherwise.
The Supreme Court then left open the question as to whether or not this
conduct violated the due process clause of the 14th Amendment by sending it
back to the lower court for review - standard practice when a lower court
has not had an adequate opportunity to consider an argument that was made
before the Supreme Court, but not adequately presented before the lower
court. Indeed, it seems almost ludicrous to complain about weakening "due
process" rights by in fact *insisiting* upon the due process of having
lower courts first consider legal arguments before going to the Supreme Court.
JDG
_______________________________________________________
John D. Giorgis - [EMAIL PROTECTED]
"The liberty we prize is not America's gift to the world,
it is God's gift to humanity." - George W. Bush 1/29/03
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