• James Holmes Is Trying to Get His Case Thrown
    16 replies, posted
[quote]Officers asked Holmes other questions about weapons and explosives. Roughly two hours would pass before the chaos subsided and detectives would read Holmes his Miranda rights — anything you say can be used against you. On Tuesday, Holmes' lawyers will argue that delay violated his constitutional rights and that anything he told the arresting officers should be barred from his trial. Prosecutors will counter that the officers urgently needed to know whether Holmes had an accomplice who could still be shooting and killing people at the Century 16 theater in Aurora. They contend the questions were legal under a public-safety exemption to the Miranda rule.[/quote] [url]http://www.policeone.com/legal/articles/6520192-Theater-gunmans-lawyers-spar-over-delay-of-Miranda-rights/[/url]
It was perfectly acceptable because the police couldn't possibly have known whether the situation warranted immediate action or not.
public safety exception. they did their jobs.
Even if they can't use anything he said, he was still caught red handed at the scene. His actions are way more than enough for a cut and dry conviction leading to life in prison and probably an easy death penalty case. The prosecution wouldn't need to use any statements he made unless they wanted to tack on extra charges which in the end would be arbitrary.
Nah Holmes, to Voir dire.
They should throw out anything he said before they gave him his rights Rights are a little bit important to me
Even if by some miracle he walks free, good luck ever having any sort of life again now that everyone knows what you did.
[QUOTE=Paramud;42538974]They should throw out anything he said before they gave him his rights Constitutional rights are a little bit important to me[/QUOTE] They might be important to you, but you know, it doesn't say that they have to read it to him in the constitution right? Reading Miranda rights is a law.
[QUOTE=Paramud;42538974]They should throw out anything he said before they gave him his rights Rights are a little bit important to me[/QUOTE] Public safety exception. It's legal.
[QUOTE=Intoxicated Spy;42539019]They might be important to you, but you know, it doesn't say that they have to read it to him in the constitution right? Reading Miranda rights is a law.[/QUOTE] Sorry, I'm really tired. For some reason, I instinctively put constitutional ahead of rights.
[QUOTE=Intoxicated Spy;42539019]They might be important to you, but you know, it doesn't say that they have to read it to him in the constitution right? Reading Miranda rights is a law.[/QUOTE] Even then, they don't have to read them to you until you are about to be interrogated, not upon arrest. The case will not be thrown out over this. It's a movie creation, the "hey he didn't read me my rights, now i get to walk free even though i cut that dude's head off with a chainsaw in front of 30 people."
Nobody is trying to get the entire case thrown out, just the statements he made before his rights were read. At most the prosecution will lose two sentences of evidence which aren't needed to prove his guilt in the first place.
Really, not being read your rights isn't even something that bad. Basically what it means is that if you aren't read your rights prior to being questioned, then anything you said during the questioning cannot be used as evidence in court. That's pretty much the extent of it. It doesn't mean "He asked me about my whereabouts but didn't read me my rights! The entire case is over!" It means "He asked me about my whereabouts but didn't read me my rights! So what I told him then can't be used against me. But the rest of the evidence of my actions is still entirely admissible!"
[QUOTE=Paramud;42538974]They should throw out anything he said before they gave him his rights Rights are a little bit important to me[/QUOTE] You get your rights whether the police guy says "You have the right to remain silent, etc." they're just required to make sure you aware of them. You can't "give" someone rights - they're rights, not privileges.
[QUOTE=GoDong-DK;42542160]You get your rights whether the police guy says "You have the right to remain silent, etc." they're just required to make sure you aware of them. You can't "give" someone rights - they're rights, not privileges.[/QUOTE] however until the suspect is made aware anything said before is inadmissible
[QUOTE=BLOODGA$M;42538995]Even if by some miracle he walks free, good luck ever having any sort of life again now that everyone knows what you did.[/QUOTE] But it's not about punishment. The man is a sociopath who should not have access to the public for the public's own safety. That said, I agree that at most only meager details will be tossed from the case.
Lol he won't ever walk free no matter the circumstance.
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