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Is this as Big of a Problem the Media is Claiming?

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  • Is this as Big of a Problem the Media is Claiming?

    Personally, I was disgusted last night, not at officers, but at the system in general. Not only may John Coueys confession be throw out, but supposedly killers already convicted by a jury have gone and will go free.

    "Missing word in BSO's Miranda warning allows accused killers to go free

    July 13, 2005

    He's on videotape calmly recounting to a Broward Sheriff's detective why he shot his best friend. A jury needed less than two hours to convict him of the May 2000 slaying. A judge sentenced him to life.

    And three months ago, John Q. Ripley walked out of prison.

    One simple word helped him regain his freedom. That word, missing from a Miranda rights form used by the Broward Sheriff's Office, has or could undercut at least 24 other cases against suspected killers, robbers and drug dealers. The word has left a trail of overturned convictions, dismissed charges and weakened cases for prosecutors.

    Four suspected killers have either been freed from prison or seen their cases dropped. Another three accused murderers will receive new trials. The statements of four more accused killers have been or could be suppressed.

    From February 1999 to November 2002, deputies read almost all arrestees a Miranda rights form that the courts have found was flawed. The form advised suspects they could request an attorney before questioning, but omitted mentioning that they have a constitutional right to have an attorney present during questioning. Courts have found that the missing word means juries can't hear the defendants' often damning statements to deputies because they weren't properly advised of their rights.

    Sheriff's top officials insisted on using the form even after State Attorney Michael Satz urged them to change it as early as May 2001."



    http://www.newsday.com/news/nationwo...news-headlines

  • #2
    Probably, at least for that department. If they did not follow "competent" leagl advice then they have a problem. Good lord, I was taught back in 1974 that you read their rights from a card issued to all officers so you do not paraphrase or omit information, or the warning may not stand.

    Now, do I like it? Not really. But they appear to have messed up.

    Comment


    • #3
      Originally posted by Ken K
      Probably, at least for that department. If they did not follow "competent" leagl advice then they have a problem. Good lord, I was taught back in 1974 that you read their rights from a card issued to all officers so you do not paraphrase or omit information, or the warning may not stand.

      Now, do I like it? Not really. But they appear to have messed up.

      I don't know. BSO has been a problem since the 1980's at least. People need to start taking responsibility for what they do and not hide behind some bull**** piece of paper (or lack thereof) that they were instructred to follow. Just after that story, I saw another agency under fire here (DCF) blame a single fax machine printer for not following up on 1154 child and adult abuse reports throughout the entire state for 6 weeks. COME ON! One little printer is to blame? GIVE ME A ****ING BREAK. I am SO tired of it. This state is out of ****ing control with this bull****.

      OK I am finished with the f word of a year LOL!

      Comment


      • #4
        No it is not that big of an issue ... The media would love for it to be

        Comment


        • #5
          Originally posted by Bodie
          No it is not that big of an issue ... The media would love for it to be
          No, I don't think murderers being released on a technicality is that big of a deal either.
          Bill Cosby: Stewie, what do you think candy is made out of?
          Stewie Griffin: Sunshine and farts! What the hell kind of question is that?!

          Comment


          • #6
            Originally posted by OFK
            I don't know. BSO has been a problem since the 1980's at least. People need to start taking responsibility for what they do and not hide behind some bull**** piece of paper (or lack thereof) that they were instructred to follow. Just after that story, I saw another agency under fire here (DCF) blame a single fax machine printer for not following up on 1154 child and adult abuse reports throughout the entire state for 6 weeks. COME ON! One little printer is to blame? GIVE ME A ****ING BREAK. I am SO tired of it. This state is out of ****ing control with this bull****.

            OK I am finished with the f word of a year LOL!
            I'm a little confused here. The agency in this thread chose not to follow recommended procedure and omitted part of the Miranda. You point out some agency apparently is blaming a printer for not receiving proper instructions in the first place, as an excuse for a foul up, am I correct? Two different things, but both f***** up.

            If you are going to give the Miranda then by God give the correct version, that's all I am saying. The Sheriff's office had a warning and acted against it, and now a bunch of people will pay the price. And we all know you cannot argue that these pukes knew their rights, even though they did.

            Comment


            • #7
              Originally posted by Puget Sound
              No, I don't think murderers being released on a technicality is that big of a deal either.
              Oh Oh Bodie, someone has you in their sites! Watch out.

              Comment


              • #8
                Originally posted by Puget Sound
                No, I don't think murderers being released on a technicality is that big of a deal either.
                Is due process a technicality? I don't like killers getting released anymore than the next person, but obvioulsy the LE agency didn't do its job right.
                Retired

                Comment


                • #9
                  Originally posted by retired
                  Is due process a technicality? I don't like killers getting released anymore than the next person, but obvioulsy the LE agency didn't do its job right.
                  Bingo. What I meant too, I just didn't say it that succinctly.

                  Comment


                  • #10
                    What A Crock Of Crap

                    Originally posted by retired
                    Is due process a technicality? I don't like killers getting released anymore than the next person, but obvioulsy the LE agency didn't do its job right.
                    YOU THINK THEY DIDN'T UNDERSTAND THEIR RIGHTS BECAUSE THEY WERE NOT READ CORRECTLY. WHAT B.S. EVERYONE KNOWS THAT THEY HAVE THE RIGHT TO A LAWYER. THIS IS JUST SOME LAWYER DIGGING REAL DEEP TO TRY TO GET AN APPEALS COURT TO THROUGH OUT THE CASE. ANT THE COURT WENT FOR IT. TOTAL B.S. IF SOMEONE ADMITTED TO THE CRIME, FRY THEM....

                    Comment


                    • #11
                      Originally posted by chiefhuntr
                      YOU THINK THEY DIDN'T UNDERSTAND THEIR RIGHTS BECAUSE THEY WERE NOT READ CORRECTLY. WHAT B.S. EVERYONE KNOWS THAT THEY HAVE THE RIGHT TO A LAWYER. THIS IS JUST SOME LAWYER DIGGING REAL DEEP TO TRY TO GET AN APPEALS COURT TO THROUGH OUT THE CASE. ANT THE COURT WENT FOR IT. TOTAL B.S. IF SOMEONE ADMITTED TO THE CRIME, FRY THEM....
                      The issue isn't whther or not they knew or understood their rights, the issue is the LE agency didn't follow procedure of properly advising them of their rights. Apparently you don't know or understand the Miranda decision.
                      Retired

                      Comment


                      • #12
                        I really think certin things like this are absoluty rediculous.
                        If the Person has been PROVEN Beyoned A Shadow of a Doubt that they are GUILTY then a SMALL, little, Gimpy, insignifacant mistake by police should be OVERLOOKED. Letting a "Confessed" KILLER, Rapeist, or what ever FREE over something as small as this is asinine.

                        Comment


                        • #13
                          Originally posted by Ken K
                          I'm a little confused here. The agency in this thread chose not to follow recommended procedure and omitted part of the Miranda. You point out some agency apparently is blaming a printer for not receiving proper instructions in the first place, as an excuse for a foul up, am I correct? Two different things, but both f***** up.

                          If you are going to give the Miranda then by God give the correct version, that's all I am saying. The Sheriff's office had a warning and acted against it, and now a bunch of people will pay the price. And we all know you cannot argue that these pukes knew their rights, even though they did.
                          Yes, two different things, two different agencies, same state, same f**kedupness, equally lame excuses, stories reported back to back.

                          Comment


                          • #14
                            I don't know about you guys and gals, but as long as the courts, judges and **** bag defense attornys continue working hard defending the rights of rapists, murderers, and drug dealers, including getting them out of prison on technicalities, I will sleep much better at night.
                            "I only had a couple!"

                            Comment


                            • #15
                              Originally posted by Radio
                              I really think certin things like this are absoluty rediculous.
                              If the Person has been PROVEN Beyoned A Shadow of a Doubt that they are GUILTY then a SMALL, little, Gimpy, insignifacant mistake by police should be OVERLOOKED. Letting a "Confessed" KILLER, Rapeist, or what ever FREE over something as small as this is asinine.
                              You are suggesting that constitutional rights be ignored?
                              Retired

                              Comment

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