"Strategists dedicated to draining the substance out of Miranda cannot accomplish by training instructions what Dickerson held Congress could not do by statute."
It appears that all that this means is that the court has reserved that power for itself as it has slowly proceeded to gut Miranda judicially. For example, the court rules in 1984 that there is a "public safety exception" where the recitation of a Miranda warning would put such a strain on police resources as to render them incapable of protecting the public. I cannot imagine such a circumstance that doesn't also involve real coercion and most likely actual torture, which is now presumably given the nod in some specific circumstances. The court rules in Harris v. New York, 401 U.S. 222 that confessions inadmissible as evidence of guilt may nonetheless be introduced for purposes or impeaching the credibility of the defendant. Allegedly "spontaneous" statements or utterances otherwise in violation of Miranda are acceptable if not in direct response to police questioning (Rhode Island v. Innis, 446 U.S. 291). In fact, currently one need not be lucid but can be cognitively or mentally impaired at the time they are read their rights and/or waive them and the making of utterances prior to affirmatively invoking one's right to remain silent and/or have an attorney present effectively waives those rights. Not only must one affirmatively invoke one's rights, the police are not required to cease their interrogations if one does. Like the first and fourth, the fifth and sixth are slowly being whittled down to nothing, Miranda notwithstanding.
Life is a long preparation for something that never happens.~~ William Butler Yeats 1508 – Alessandro Piccolomini, astronomer and philosopher 1539 – Jost Amman, printmaker 1555 – Giovanni Antonio Magini, mathematician, cartographer and astronomer 1580 – Willebrord Snell, astronomer and mathematician 1595 – Jan Marek Marci, physician and scientist 1752 – Frances (Fanny) Burney, novelist and playwright 1761 – Antonín Vranický, violinist and composer 1763 – José Bonifácio de Andrada, poet, academic, and politician 1773 – Thomas Young, physicist and physiologist 1822 – Carl Schmidt, chemist and academic 1827 – Alberto Henschel, photographer and businessman 1831 – James Clerk Maxwell, physicist and mathematician 1854 – Charles Algernon Parsons, engineer, 1865 – W. B. Yeats, poet and playwright 1868 – Wallace Clement Sabine, physicist and academic 1870 – Jules Bordet, immunologist and microbiologist 1876 – William Sealy Gosset, chemist and statistician 1884 – Leon Chwistek, painter, philosopher, and mathematician 1884 – Étienne Gilson, philosopher and academic 1885 – Henry George Lamond, farmer and author 1887 – Bruno Frank, author, poet, screenwriter, and playwright 1888 – Fernando Pessoa, poet and critic 1893 – Alan Arnold Griffith, engineer 1893 – Dorothy L. Sayers, author and poet 1894 – Jacques Henri Lartigue, photographer and painter 1897 – Paavo Nurmi, awesome runner and coach, The Flying Finn, look him up. 1899 – Carlos Chávez, composer, conductor, and journalist, founded the Mexican Symphonic Orchestra ( 1902 – Carolyn Eisele, mathematician and historian 1903 – Willard Harrison Bennett, physicist and chemist 1906 – Bruno de Finetti, mathematician and statistician 1910 – Gonzalo Torrente Ballester, journalist, author, and playwright 1911 – Luis Walter Alvarez, physicist and academic 1911 – Erwin Wilhelm Müller, physicist and academic 1912 – Hector de Saint-Denys Garneau, poet and painter 1914 – Frederic Franklin, ballet dancer and director 1916 – Wu Zhengyi, botanist and academic 1917 – Augusto Roa Bastos, novelist 1920 – Rolf Huisgen, chemist and academic 1920 – Iosif Vorovich, mathematician and engineer 1923 – Lloyd Conover, chemist and inventor 1927 – Slim Dusty, singer, songwriter, and guitarist 1928 – Renée Morisset, pianist 1928 – John Forbes Nash, Jr., mathematician and academic 1929 – Ralph McQuarrie, illustrator 1931 – Nora Kovach, ballerina 1932 – Bob McGrath, singer and actor 1934 – Uriel Jones, drummer 1934 – Leonard Kleinrock, computer scientist and engineer 1935 – Christo, sculptor and painter 1935 – Jeanne-Claude, sculptor and painter 1937 – Andreas Whittam Smith, journalist and publisher, co-founded The Independent 1940 – Bobby Freeman, singer, songwriter, pianist, and producer 1941 – Serge Lemoyne, painter 1941 – Marv Tarplin, guitarist and songwriter 1946 – Paul L. Modrich, biochemist and academic 1949 – Ann Druyan, popular science writer 1949 – Dennis Locorriere, singer and musician 1949 – Ulla Schmidt, educator and politician 1949 – Red Symons, musician, television, and radio personality 1951 – Howard Leese, guitarist and producer 1963 – Sarah Connolly, soprano and actress 1963 – Audrey Niffenegger, author and academic 1964 – Christian Wilhelm Berger, organist, composer, and educator 1965 – Lukas Ligeti, drummer and composer 1966 – Grigori Perelman, mathematician 1968 – David Gray, singer, songwriter, guitarist, and producer 1968 – Denise Pearson, singer and songwriter 1969 – Søren Rasted, singer, songwriter, guitarist, and producer 1970 – Rivers Cuomo, rock musician 1972 – Natalie MacMaster, fiddler 1973 – Mattias Hellberg, singer and songwriter 1973 – Ville Laihiala, singer, songwriter, and guitarist 1975 – Jaan Pehk, singer, songwriter, and guitarist 1976 – Kym Marsh, singer, songwriter, and actress 1986 – Lea Verou, computer scientist and author 1986 – Måns Zelmerlöw, singer
“You must understand that there is more than one path to the top of the mountain”~~ Miyamoto Musashi D1256 – Tankei, sculptor 1550 – Veronica Gambara, poet 1645 – Miyamoto Musashi, samurai and author, read The Book of Five Rings 1861 – Henry Gray, anatomist and surgeon 1881 – Joseph Škoda,physician and dermatologist 1904 – Nikiforos Lytras, painter and educator 1917 – Louis-Philippe Hébert, sculptor 1931 – Kitasato Shibasaburō, physician and bacteriologist 1965 – Martin Buber, philosopher and theologian 1972 – Georg von Békésy, biophysicist and academic, Nobel Prize laureate 1972 – Stephanie von Hohenlohe, spy 1979 – Demetrio Stratos, singer, songwriter, and pianist 1981 – Olivério Pinto, zoologist and physician 1984 – António Variações, singer and songwriter 1986 – Benny Goodman, clarinet player, songwriter, and bandleader 1998 – Reg Smythe, cartoonist ( 2005 – David Diamond, pianist and composer 2010 – Jimmy Dean, singer and businessman 2012 – Graeme Bell, pianist, composer, and bandleader 2012 – Mehdi Hassan, ghazal singer and playback singer for Lollywood 2013 – Sam Most, flute player and saxophonist 2013 – Albert White Hat, educator and activist 2014 – Jim Keays, singer, songwriter, and guitarist 2014 – Robert Peters,poet, playwright, and critic 2015 – Buddy Boudreaux, saxophonist and clarinet player
Cross posted from http://caucus99percent.com I wont be here when this posts due to an early appointment in Healdsburg