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Saturday, October 24, 2009

What legal requirements and guidelines should be observed before, during, and after an interrogation happens?


Answers:
Assuming that it is a custodial interrogation, the suspect must be read his Miranda rights, meaning that the police officers must inform him/her that he/she has the right to remain silent; that anything he/she says can be used against him/her; that he/she has the right to an attorney; and that if he/she cannot afford one, one will be provided.
If the suspect is not given the Miranda warnings, anything he/she says during such interrogation will be inadmissible under the Exclusionary rule. However, the doctrine of the fruits of the poisonous tree does not apply to Miranda violations. This means that statements made during a custodial interrogation will be inadmissible, but that any evidence seized as a result of the information recieved from such statements may be admissible.
If the Miranda rights are given to the suspect, the suspect can either invoke her right to silence or her right to counsel. If this occcurs, the police officers MUST stop the interrogation immediately or risk violating the suspect's Fifth Amendment right to counsel and/or right against self-incrimination (which would result in supression of the statements made). Another option available to the suspect is waiving such rights. Once read her rights, the suspect can waive such rights either through a verbal or written agreement. The waiver must be made knowingly, intelligently, and voluntarily. If she waives her rights, whatever statements she makes in the course of that interrogation can then be used against her in court. However, if she waives her right, she can later invoke her right to counsel or silence at any time thereafter.
Note that Miranada warnings are required only where there is a CUSTODIAL interrogation. Thus, the individual must be in the police's custody. To determine whether the person is under custody, the determinitive point is whether a reasonable person under the circumstances would believe they are in custody. The Supreme Court has held that questions asked during a traffic stop do not occur during a custodial interrogation. Thus, statements made during such a situation would be admissible without a Miranda warning.
Well that depends. Are we in Guantanamo Bay or the Secret Black CIA prison in Syria?
Sometimes in Guantanamo we do a little baseball bat to the kneecaps and in Syria we start of with a bit of 12 battery charger to the genitals to get things rolling. We LIKE electricuting genitals in the Secret Black Prisons in the former Soviet States! God F'n Bless Amerika!
During? Well water boarding is a big favorite all around the secret torture prison system of the Land of the Free and the Home of the Brave (Brave when they have a baseball bat or a battery charger and you're hanging by your thumbs that is).
Afterwards, a little round of "we just raped your wife and your son so you might as well tell us a few more names because you have nothing to live for anymore" chit chat around the old toenail pulling machine and we finish off with some nice, loud "AC/DC" and "Black Sabath" turned up to 11, crank the airconditioner up to ten below zero and let all that lull the detainee to sleep.
Before George Bush was President, none of this was true. In fact, interogations looked alot like Ed, the guy below me writes about. But now we live in a Facist Dictatorship where people can be "disappeared" by mysterious Amerikan forces anywhere on the planet.
Before, we treated people with the same dignity and respect we would want to recieve and we followed all international conventions and treaties.
He's a very bad man, this George Bush person.
Why haven't we sent him home, or to be "interrogated" yet?

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