J-State Tiger
Senate Candidate #7
Re: Re: Re: Re: Re: FIRST MOTION TO QUASH "CONFESSION"
The same holds true here. America was attacked by a dastardly and cowardly surprise attack, We Are facing a global war to preserve our very way of life. the government was justified then and was justified now.
Judge How much longer will you entertain this grandstanding and smoke and mirrors by the defense? Surely learned counsel does not suggest that dicta in in the Miranda case is the law of the land. Clearly it is not. Your honor a case on point is Korematsu v. United States 321 U.S. 760. in that case the court rules that because of the exigencies of Pearl Harbor and the outbreak of WW2, The Government and US Military were justified in excluding american citizens of Japanese Desent from the West coast of this country. The Court Reasoned that "There was evidence of disloyalty on the part of some, the military authorities considered that the need for action was great, and time was short." (emphasis added)Originally posted by Seeing Spots
At the point of detainment, certain rights attach to all citizens of these United States of America. The Supreme Court was clear in its decision in Miranda v. Arizona when, in its dicta, it contemplated at what point an individual was under arrest. Surely our client percieved the prosecutorial and police action towards him as a direct violation of his liberty. At the moment they detained him he should have been advised of the reason(s) for such deprivation of liberty, with a clear statement that he was under arrest and FACING charges and then advised of his rights, including that of the right to counsel. The 6th amendment was viable to our client in that situation, albeit thousands of miles away from the natural boundary of this country.
The exigencies of the circumstances that esteemed counsel speaks of did not exist. There was ample time to secure our client, transport him, and NOT question him.
The same holds true here. America was attacked by a dastardly and cowardly surprise attack, We Are facing a global war to preserve our very way of life. the government was justified then and was justified now.