tag:blogger.com,1999:blog-16594468.post3847265662433971970..comments2023-10-24T04:29:23.693-06:00Comments on Atheist Ethicist: Miranda Rulings, Plea Bargaining, Justice, and the 5th AmendmentAlonzo Fyfehttp://www.blogger.com/profile/05687777216426347054noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-16594468.post-58064130690275873362013-04-24T11:29:20.976-06:002013-04-24T11:29:20.976-06:00Anonymous
What you write is true of the legal cas...<b>Anonymous</b><br /><br />What you write is true of the legal case.<br /><br />However, can you make a moral case that it is somehow wrong to compel a person to report truthful statements relevant to guilt or innocence in a case when that person is the accused?<br /><br />Or is the reason that it is wrong to compel a person to make self-incriminating statements that happen to be true grounded on the fact that we currently lack the ability to limit the prohibition to making false statements?<br /><br />In the latter case, the <i>application</i> of the prohibition would apply to all potentially self-incriminating statements (true and false) that the accused may make. However, the <i>justification</i> for the prohibition is limited to a concern with false self-incriminating statements. Alonzo Fyfehttps://www.blogger.com/profile/05687777216426347054noreply@blogger.comtag:blogger.com,1999:blog-16594468.post-60407923116022648132013-04-24T10:22:22.018-06:002013-04-24T10:22:22.018-06:00It's more subtle than "they cannot be com...It's more subtle than "they cannot be compelled to provide evidence that they, themselves, are guilty" - it's any testimony which could conceivably be used against them, even if truthful, and even if you do not believe it to be self-incriminating. Ohio v Reiner is instructive (http://www.law.cornell.edu/supct/html/00-1028.ZPC.html). I'm pretty sure you're aware of this given your closing paragraph, which really nails it, but it's worth calling out I think.<br /><br />https://www.youtube.com/watch?v=6wXkI4t7nuc is an excellent video on the topic.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16594468.post-50916952349497329342013-04-24T09:35:15.877-06:002013-04-24T09:35:15.877-06:00That's good to know.
It does not affect the i...That's good to know.<br /><br />It does not affect the issues I wrote about, however. The question remains of whether the Miranda requirement or plea bargaining actually has merit in light of the moral principle behind the 5th Amendment.Alonzo Fyfehttps://www.blogger.com/profile/05687777216426347054noreply@blogger.comtag:blogger.com,1999:blog-16594468.post-38275960000697185302013-04-24T08:45:12.884-06:002013-04-24T08:45:12.884-06:00Actually, according to the transcript released on ...Actually, according to the transcript released on Monday, he was informed of his Miranda rights: http://www.slate.com/blogs/the_slatest/2013/04/22/dzhokhar_tsarnaev_hearing_transcript_boston_bombing_suspect_said_only_one.htmlNymeriahttps://www.blogger.com/profile/02179529140291013967noreply@blogger.com