case: (Default)
Case ([personal profile] case) wrote in [community profile] fandomsecrets2014-02-08 03:39 pm

[ SECRET POST #2594 ]


⌈ Secret Post #2594 ⌋

Warning: Some secrets are NOT worksafe and may contain SPOILERS.

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Notes:

Secrets Left to Post: 03 pages, 094 secrets from Secret Submission Post #371.
Secrets Not Posted: [ 0 - broken links ], [ 0 - not!secrets ], [ 1 - not!fandom ], [ 0 - too big ], [ 0 - repeat ].
Current Secret Submissions Post: here.
Suggestions, comments, and concerns should go here.
meadowphoenix: (Default)

[personal profile] meadowphoenix 2014-02-09 01:04 am (UTC)(link)
By receipts, I mean back what you're saying up. You made a general comment about the different rules between states being both more stringent and more protective. Where, how, and in what respects? Everything I've read says that while there may be different laws, they aren't really any more protective, and not really more stringent than the federal ones. Furthermore state courts defer to federal court more than they should. So how did you come to this conclusion?
crunchysunrises: (clock face)

[personal profile] crunchysunrises 2014-02-09 03:32 am (UTC)(link)
I actually considered writing a long, involved reply, but I don't have the time. So, three points:

1.) The 4th Amendment deals with searches and seizures. The right to counsel and when it's activated comes under the 6th amendment.

2.) My previous statement was paraphrased from a majority opinion set down by the U.S. Supreme Court, one dealing with this topic no less. But it's interesting that you find it inaccurate.

3.) Good luck on your paper.
meadowphoenix: (Default)

[personal profile] meadowphoenix 2014-02-09 04:15 am (UTC)(link)
Maybe you should have gone with the long drawn out reply.

1)I know. You didn't specify whether you meant criminal procedure as a whole or just the Miranda rights issue. So I did specify.

2)Again, which issue? Criminal procedure as a whole or Miranda rights? If just Miranda rights, then as a I said, differing laws may be touted as "more stringent" but practically, then aren't. Again, which topic? Miranda as incorporated against the States, or it's effectiveness in various districts? But I'm happy to read the SCOTUS opinion you're talking about.

3)No paper, I actually study this and interned in this division. But good luck with yours!
crunchysunrises: (clock face)

[personal profile] crunchysunrises 2014-02-09 12:23 pm (UTC)(link)
Maybe you have more free time. Or a greater love of muffins. Either way, I'm good with my choices.