The possible reversal of Miranda rights?

Post Reply
glennds
Executive Member
Executive Member
Posts: 1265
Joined: Mon Jan 28, 2013 11:24 am

The possible reversal of Miranda rights?

Post by glennds » Thu Jun 09, 2022 5:44 pm

With all the attention on the leaked draft on Roe v. Wade, the possibility of Miranda being reversed is not on the radar (yet).
The Supreme Court now seems poised to reverse its decision in Miranda, which, much like Dobbs, would give states—and, to a significant extent, individual towns—the power to decide an important question of policy: whether police should be legally required to give these warnings.
https://thehill.com/opinion/congress-bl ... -policing/

Looks like if it happens, it will follow a trend of leaving issues to states to address individually. Police practice could vary quite significantly from one state to the next. All very interesting.
User avatar
joypog
Executive Member
Executive Member
Posts: 561
Joined: Wed Apr 27, 2022 7:42 pm

Re: The possible reversal of Miranda rights?

Post by joypog » Thu Jun 09, 2022 7:48 pm

glennds wrote:
Thu Jun 09, 2022 5:44 pm
With all the attention on the leaked draft on Roe v. Wade, the possibility of Miranda being reversed is not on the radar (yet).
The Supreme Court now seems poised to reverse its decision in Miranda, which, much like Dobbs, would give states—and, to a significant extent, individual towns—the power to decide an important question of policy: whether police should be legally required to give these warnings.
https://thehill.com/opinion/congress-bl ... -policing/

Looks like if it happens, it will follow a trend of leaving issues to states to address individually. Police practice could vary quite significantly from one state to the next. All very interesting.
The current situation in the federal government is so awful, I'm desperate enough to try more state rights as a way to manage the chaotic gridlock out east.

Maybe Federalism is what we need as a Republic.

as a state employee, I've learned how much power state government actually wields. Taking the focus off of DC towards local state capitols may be good for democracy, because it better aligns people's attentions and the real seat of power....or maybe we'll just amuse ourselves to death.
Last edited by joypog on Thu Jun 09, 2022 7:49 pm, edited 1 time in total.
1/n weirdo. US-TSM, US-SCV, Intl-SCV, LTT, STT, GLD (+ a little in MF)
User avatar
joypog
Executive Member
Executive Member
Posts: 561
Joined: Wed Apr 27, 2022 7:42 pm

Re: The possible reversal of Miranda rights?

Post by joypog » Thu Jun 09, 2022 7:49 pm

joypog wrote:
Thu Jun 09, 2022 7:48 pm
The current situation in the federal government is so awful, I'm desperate enough to try more state rights as a way to manage the chaotic gridlock out east.

Maybe Federalism is what we need as a Republic.
Holy shit...if it actually works out, I may have to give Trump and McConnell some credit.

if a friend asks, I never said that
1/n weirdo. US-TSM, US-SCV, Intl-SCV, LTT, STT, GLD (+ a little in MF)
Kbg
Executive Member
Executive Member
Posts: 2815
Joined: Fri May 23, 2014 4:18 pm

Re: The possible reversal of Miranda rights?

Post by Kbg » Fri Jun 10, 2022 3:34 pm

joypog wrote:
Thu Jun 09, 2022 7:49 pm
joypog wrote:
Thu Jun 09, 2022 7:48 pm
The current situation in the federal government is so awful, I'm desperate enough to try more state rights as a way to manage the chaotic gridlock out east.

Maybe Federalism is what we need as a Republic.
Holy shit...if it actually works out, I may have to give Trump and McConnell some credit.

if a friend asks, I never said that
Like everyone, our founding fathers had personal flaws (with Jefferson you could drive a semi through them), but those guys did think, deep, hard and long about how to set a government up and did an incredibly good job that has stood the test of time. And so yeah, Federalism is not a bad thing at all. That's why they set the system up that way so that regions could vary. I think quite a few of the issues of the day would go away if we had more of it.

I don't know how you disconnect the money from it though at this point. So many things that should be local are not and this has been brought on by both parties over several decades.

The cool thing about Federalism is CA can be as liberal as it wants, within US constitutional constraints, and Alabama can be the polar opposite within those same constraints. I also think moving away from Federalism makes accountability more amorphous. If your local schools suck, you know exactly who to hold accountable. If your local water supply is creaky and contaminated...is that a city issue, a state issue or a Federal issue? To me it's absolutely local, but the local guys are probably saying they are waiting for a Federal grant because they can't afford the repairs/replacement of the system...that's flat jacked up.
glennds
Executive Member
Executive Member
Posts: 1265
Joined: Mon Jan 28, 2013 11:24 am

Re: The possible reversal of Miranda rights?

Post by glennds » Fri Jun 10, 2022 4:36 pm

Federalism is brilliant in its aspiration. The question always becomes at what point is the differentiation from one state to the next counter productive?
I'd say I'm a fan of differentiation up to the point where it starts to threaten the "United" in United States of America.

Unthinkable things are possible. I never thought I'd see a day when a sitting President would refuse to accept election results. Even in defiance of Court rulings. So what if a State refused to accept a SCOTUS decision that came down in a way that it perceived as adverse to its interests? Hard to imagine, right? But it's occurred before where a group of States refused to accept what they perceived as a restriction on their independence and we know what happened next.

Have you ever noticed anything and found yourself wondering if it was truly new, or whether it was always there, and you simply hadn't noticed before?
It might be the combination of the pandemic, polarization in general, the 2020 election, and now what could be a SCOTUS trend. But I worry about whether the cohesion among States is going to become more stressed than in the past. Let's hope we can keep it in the healthy zone.
Kbg
Executive Member
Executive Member
Posts: 2815
Joined: Fri May 23, 2014 4:18 pm

Re: The possible reversal of Miranda rights?

Post by Kbg » Sun Jun 12, 2022 8:33 pm

glennds wrote:
Fri Jun 10, 2022 4:36 pm
Federalism is brilliant in its aspiration. The question always becomes at what point is the differentiation from one state to the next counter productive?
I'd say I'm a fan of differentiation up to the point where it starts to threaten the "United" in United States of America.

Unthinkable things are possible. I never thought I'd see a day when a sitting President would refuse to accept election results. Even in defiance of Court rulings. So what if a State refused to accept a SCOTUS decision that came down in a way that it perceived as adverse to its interests? Hard to imagine, right? But it's occurred before where a group of States refused to accept what they perceived as a restriction on their independence and we know what happened next.

Have you ever noticed anything and found yourself wondering if it was truly new, or whether it was always there, and you simply hadn't noticed before?
It might be the combination of the pandemic, polarization in general, the 2020 election, and now what could be a SCOTUS trend. But I worry about whether the cohesion among States is going to become more stressed than in the past. Let's hope we can keep it in the healthy zone.
That's a great post glennds with some associated great observations and questions.

In section order...yep 100%.

Ditto...mind blowing. Unfortunately it was so long ago I don't remember who the historian was, but he/she is a presidential historian and I think it was on PBS were they made the comment that while we've had bad president's we've been hugely fortunate in that we haven't had one who really did not want the best possible for the United States so far as they saw it...IMHO, we had our first not in that category. On the state thing...when the south had problems with racial segregation in the late 50s and 60s we sent in the Army to enforce the law. I don't like that as a general rule as an ex-military guy I'm the first to say keep the military out of politics...my solution would be to send in the FBI and start making arrests.

Personally, I don't feel/see any tensions between the states themselves as entities. Right now isn't anything like the civil war lead up. It's more the populations in "red/blue" states who ID heavily as right or left...well really I think it's a small minority on both sides egged on and promoted by the media so they can sell commercials. I consume very little mainstream media (right or left) in the US because it is so very, very bad I think. I do have a subscription to the WSJ but that is it. US TV news, forget it.

And as a general rule, I think the personal behavior filter is WAY off than it has probably ever been and I attribute that to the anonymity of the internet and too much time in the virtual world combined with the Covid stuff. Too much of this stuff is absolutely not good for one's mental health. I really do think there needs to be visible/advertised arrests for crimes committed due to out of control social behavior (as differentiated from just good ole fashioned criminal crime and intent). The poster child for this is people going wacko on flights...just to name one example, but there are more.
Post Reply