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标题: Miranda Warning & Public-Safety Exception [打印本页]

作者: choi    时间: 4-27-2013 12:01
标题: Miranda Warning & Public-Safety Exception
(1) Devlin Barrett, Siobhan Gorman and Tamer El-Ghobashy, Judge Made Call to Advise Suspect of Rights. Wall Street Journal, Apr 26, 2013
http://online.wsj.com/article/SB ... 44940173125374.html

Quote:

"even though investigators apparently still wanted to question him further under a public-safety exception * * * The judge's move, made on Monday [Apr 22] in the hospital where Mr [Dzhokhar] Tsarnaev[, who was captured in the evening of Thursday, Apr 25, 2013,] was recovering * * * After being read his [Miranda] rights, the suspect stopped talking to investigators, officials said.

"Federal rules require that defendants appear [legalese: be arraigned] before a judge without unnecessary delay—usually defined as within one business day.

"The judge [Magistrate Judge Marianne Bowler] first told the Justice Department on Saturday that she intended to read Mr Tsarnaev his rights on Monday, according to people briefed on the discussions. One US official said the judge cited the intense television coverage of the capture as one reason for initiating the criminal prosecution[. Thus on Sunday, the first sealed charges were filed in her court against Mr Tsarnaev.]

Note:
(a) Siobhán
http://en.wikipedia.org/wiki/Siobh%C3%A1n
(Irish; a cognate of the English Joan)

Joan ultimately comes from John.
(b) The hospital at issue is Beth Israel Deaconess Medical Center, one of teaching hospitals of Harvard Medical School.

Beth Israel Deaconess Medical Center
http://en.wikipedia.org/wiki/Beth_Israel_Deaconess_Medical_Center
(formed out of the 1996 merger of Beth Israel Hospital (founded in 1916 [by Boston's Jewish community to meet the needs of the growing Jewish immigrants]) and New England Deaconess Hospital (founded in 1896 [by Methodist Deaconesses]))

* Beth Israel
http://en.wikipedia.org/wiki/Beth_Israel
* deaconess
http://en.wikipedia.org/wiki/Deaconess
("The modern movement reached a zenith about 1910, then slowly declined as * * * the professionalization of nursing and social work offered better career opportunities for young women")

(c) United States magistrate judge
http://en.wikipedia.org/wiki/United_States_magistrate_judge
(magistrate judges are appointed by a majority vote of the federal district judges of a particular district and serve terms of eight years; Article I judge; whose decisions are generally appealable to the Article III courts)
(d) The English surname Bowler means "a maker or seller of bowls. Medieval bowls were made of wood as well as of earthenware."
作者: choi    时间: 4-27-2013 12:01
(2) Sam Roberts, Exception to Miranda Rule Is Rooted in Queens Arrest; Echoes from 1980s New York in the Boston case. New York Times, Apr 27, 2013.
http://cityroom.blogs.nytimes.co ... c-safety-exception/

Note:
(a) The English surname Quarles is a plae name in Norfolk, England: "named in Old English as hwerflas ‘circles.’"
(b) New York v Quarles, 467 US 649 (1984)
http://supreme.justia.com/cases/federal/us/467/649/case.html

On remand: People v Quarles, 63 N.Y.2d 923 (1986).  




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