Why register with the Steelers Fever Forums?
 • Intelligent and friendly discussions.
 • It's free and it's quick. Always.
 • Enter events in the forums calendar.
 • Very user friendly software.
 • Exclusive contests and giveaways.

 Donate to Steelers Fever, Click here
 Our 2014 Goal: $450.00 - To Date: $450.00 (100.00%)
 Home | Forums | Editorials | Shop | Tickets | Downloads | Contact Pittsburgh Steelers Forum Feed Not Just Fans. Hardcore Fans.

Go Back   Steelers Fever Forums > Miscellaneous > Locker Room


Steelers Fever Fan Shop

Doc's Sports Get FREE NFL Picks and College Football picks as well as Football Lines like live NFL Lines and updated NFL Power Rankings all at Doc's Sports Service.

Steelers

Reply
 
Thread Tools
Old 04-27-2009, 11:42 AM   #1
Dino 6 Rings
Living Legend
 
Dino 6 Rings's Avatar
 

Join Date: Sep 2007
Location: Arkansas (formerly New Jersey)
Posts: 8,274
Gender: Male
Member Number: 6891
Thanks: 25
Thanked 98 Times in 54 Posts
Default Obama Legal Team Wants Defendants' Rights Limited

WASHINGTON The Obama administration is asking the Supreme Court to overrule long-standing law that stops police from initiating questions unless a defendant's lawyer is present, another stark example of the White House seeking to limit rather than expand rights.

The administration's action _ and several others _ have disappointed civil rights and civil liberties groups that expected President Barack Obama to reverse the policies of his Republican predecessor, George W. Bush, after the Democrat's call for change during the 2008 campaign.

Since taking office, Obama has drawn criticism for backing the continued imprisonment of enemy combatants in Afghanistan without trial, invoking the "state secrets" privilege to avoid releasing information in lawsuits and limiting the rights of prisoners to test genetic evidence used to convict them.

The case at issue is Michigan v. Jackson, in which the Supreme Court said in 1986 that police may not initiate questioning of a defendant who has a lawyer or has asked for one, unless the attorney is present. The decision applies even to defendants who agree to talk to the authorities without their lawyers.

Anything police learn through such questioning cannot be used against the defendant at trial. The opinion was written by Justice John Paul Stevens, the only current justice who was on the court at the time.

The justices could decide as early as Friday whether they want to hear arguments on the issue as they wrestle with an ongoing case from Louisiana that involves police questioning of an indigent defendant that led to a murder confession and a death sentence.

The Justice Department, in a brief signed by Solicitor General Elena Kagan, said the 1986 decision "serves no real purpose" and offers only "meager benefits." The government said defendants who don't wish to talk to police don't have to and that officers must respect that decision. But it said there is no reason a defendant who wants to should not be able to respond to officers' questions.

At the same time, the administration acknowledges that the decision "only occasionally prevents federal prosecutors from obtaining appropriate convictions."

The administration's legal move is a reminder that Obama, who has moved from campaigning to governing, now speaks for federal prosecutors.

The administration's position assumes a level playing field, with equally savvy police and criminal suspects, lawyers on the other side of the case said. But the protection offered by the court in Stevens' 1986 opinion is especially important for vulnerable defendants, including the mentally and developmentally disabled, profanityfilterprofanityfilterprofanityfilterprofa nityfilterprofanityfilterprofanityfilterprofanityf ilter, juveniles and the poor, the lawyers said.

"Your right to assistance of counsel can be undermined if somebody on the other side who is much more sophisticated than you are comes and talks to you and asks for information," said Sidney Rosdeitcher, a New York lawyer who advises the Brennan Center for Justice at New York University.

Stephen B. Bright, a lawyer who works with poor defendants at the Southern Center for Human Rights in Atlanta, said the administration's position "is disappointing, no question."

Bright said that poor defendants' constitutional right to a lawyer, spelled out by the high court in 1965, has been neglected in recent years. "I would hope that this administration would be doing things to shore up the right to counsel for poor people accused of crimes," said Bright, whose group joined with the Brennan Center and other rights organizations in a court filing opposing the administration's position.

Former Deputy Attorney General Larry Thompson and former FBI Director William Sessions are among 19 one-time judges and prosecutors urging the court to leave the decision in place because it has been incorporated into routine police practice and establishes a rule on interrogations that is easy to follow.

Eleven states also are echoing the administration's call to overrule the 1986 case.

Justice Samuel Alito first raised the prospect of overruling the decision at arguments in January over the rights of Jesse Montejo, the Louisiana death row inmate.

Montejo's lawyer, Donald Verrilli, urged the court not to do it. Since then, Verrilli has joined the Justice Department, but played no role in the department's brief.

http://www.huffingtonpost.com/2009/0..._n_190852.html
__________________
SuperBowl Wins - How many does YOUR team have?
Steelers 6, 49ers 5, Boys 5, Packers 4, Giants 4, Skins 3, Raiders 3, Pats 3, Broncos 2, Fins 2, Colts 2, Ravens 2 Bears 1,Jets 1, Bucs 1, Rams 1, Chiefs 1, Seahawks 1, Saints1
Dino 6 Rings is offline   Reply With Quote
Old 04-27-2009, 11:45 AM   #2
Dino 6 Rings
Living Legend
 
Dino 6 Rings's Avatar
 

Join Date: Sep 2007
Location: Arkansas (formerly New Jersey)
Posts: 8,274
Gender: Male
Member Number: 6891
Thanks: 25
Thanked 98 Times in 54 Posts
Default Re: Obama Legal Team Wants Defendants' Rights Limited

So much for the questioning stopping in Law and Order or CSI when the defendant says "I want a lawyer." I can't wait to see how Horatio Caine beats the crap out of suspects now that he doesn't have to have a lawyer present. It'll make for great TV.
__________________
SuperBowl Wins - How many does YOUR team have?
Steelers 6, 49ers 5, Boys 5, Packers 4, Giants 4, Skins 3, Raiders 3, Pats 3, Broncos 2, Fins 2, Colts 2, Ravens 2 Bears 1,Jets 1, Bucs 1, Rams 1, Chiefs 1, Seahawks 1, Saints1
Dino 6 Rings is offline   Reply With Quote
Old 04-27-2009, 01:49 PM   #3
Godfather
Living Legend
Supporter
 

Join Date: Aug 2005
Posts: 3,140
Member Number: 547
Thanks: 0
Thanked 0 Times in 0 Posts
Default Re: Obama Legal Team Wants Defendants' Rights Limited

Change we can believe in!
Godfather is offline   Reply With Quote
Old 04-27-2009, 01:56 PM   #4
trauben
Bench Warmer
 
trauben's Avatar
 

Join Date: Dec 2007
Location: City of reigning Super Bowl and Stanley Cup Champions!!!
Posts: 324
Member Number: 7929
Thanks: 0
Thanked 0 Times in 0 Posts
Default Re: Obama Legal Team Wants Defendants' Rights Limited



Ever wonder about reincarnation?
__________________
IT'S A GREAT DAY FOR HOCKEY!
LET'S GO PENS!

trauben is offline   Reply With Quote
Old 04-27-2009, 02:07 PM   #5
The_WARDen
Head Coach
 
The_WARDen's Avatar
 

Join Date: Nov 2007
Location: Philadelphia, PA
Posts: 1,699
Gender: Male
Member Number: 7628
Thanks: 0
Thanked 0 Times in 0 Posts
Default Re: Obama Legal Team Wants Defendants' Rights Limited



__________________
After reading the idiotic threads over the past couple of weeks, I ask the question - "Who is worse...Steeler fans or Eagles fans?" Keep in mind that Eagle fans do not know what it's like to win a SB much less 6 and 2 this decade.
The_WARDen is offline   Reply With Quote
Old 04-27-2009, 02:30 PM   #6
revefsreleets
Living Legend
 
revefsreleets's Avatar
 

Join Date: Apr 2007
Location: Akron, Ohio Home of LeBron James
Posts: 15,403
Gender: Male
Member Number: 5353
Thanks: 0
Thanked 0 Times in 0 Posts
Default Re: Obama Legal Team Wants Defendants' Rights Limited

Interesting.

Again, similar policies from the previous administration are what made Bush "evil", now Obama wants to expand the limitations.

Can't wait to hear the usual Officer Barbrady response of "Nothing to see here, move along..."
__________________
Official Steelersfever Arians Nuthugger
revefsreleets is offline   Reply With Quote
Old 04-27-2009, 02:44 PM   #7
SteelersinCA
Team Owner
Supporter
 
SteelersinCA's Avatar
 

Join Date: Sep 2008
Location: San Diego, CA
Posts: 2,537
Gender: Male
Member Number: 9302
Thanks: 4
Thanked 1 Time in 1 Post
Default Re: Obama Legal Team Wants Defendants' Rights Limited

This is absolute bullshit. A defendant THINKS he wants to talk to the police because they THINK they can talk themselves out of it. So many times I've had clients want to tell their side of the story because they THINK it will help. It never does. Meager benefits?? Incriminating yourself further is a meager benefit? Ridiculous.
SteelersinCA is offline   Reply With Quote
Old 04-27-2009, 05:26 PM   #8
HometownGal
Living Legend
 
HometownGal's Avatar
 

Join Date: Jun 2006
Location: The Burgh
Posts: 21,479
Gender: Female
Member Number: 2413
Thanks: 0
Thanked 0 Times in 0 Posts
Default Re: Obama Legal Team Wants Defendants' Rights Limited

__________________


The Anti-Wahoo
HometownGal is offline   Reply With Quote
Old 04-27-2009, 05:33 PM   #9
SteelCityMan786
SF's Youngest Legend
 

Join Date: Aug 2005
Location: Hollidaysburg PA
Posts: 19,587
Gender: Male
Member Number: 541
Thanks: 0
Thanked 1 Time in 1 Post
Default Re: Obama Legal Team Wants Defendants' Rights Limited

Quote:
Originally Posted by HometownGal View Post
It makes me hope even more that Republicans take over congress in 2010 and immediately initiate the impeachment process. Obama quickly is landing on that list with me.
__________________

786 Ways To Score Touchdowns
SteelCityMan786 is offline   Reply With Quote
Old 04-27-2009, 06:32 PM   #10
PisnNapalm
Team Owner
Supporter
 
PisnNapalm's Avatar
 

Join Date: Jan 2006
Location: Spring City, PA
Posts: 2,776
Member Number: 1225
Thanks: 0
Thanked 0 Times in 0 Posts
Default Re: Obama Legal Team Wants Defendants' Rights Limited

Scary..... downright scary....
PisnNapalm is offline   Reply With Quote
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump


All times are GMT -5. The time now is 08:41 AM.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Shoutbox provided by vBShout v6.2.1 (Lite) - vBulletin Mods & Addons Copyright © 2014 DragonByte Technologies Ltd.
User Alert System provided by Advanced User Tagging v3.0.8 (Lite) - vBulletin Mods & Addons Copyright © 2014 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Navbar with Avatar by Motorradforum
no new posts