@Ben_Dover
Why would you jump to the conclusion that I support child labor? We lose a lot of “rights” along the way…and some of the time they are things we should never have been doing in the first place. Don’t assume personal support every time I state a fact.
However, now that you raise the issue of “right” and “wrong” the issue gets complicated in developing nations. Many child labor involves family agricultural production, which was a staple in the U.S. economic development – children were born and considered to be valuable because they added to the family’s ability to produce. Agro-based economies can see significant rises in poverty levels if child labor is eliminated without a system in place to modernize the market there, and can lead to families selling the children into various forms of slavery.
Miranda is NOT the fifth amendment. Miranda is NOT the fourth amendment. You’re right that it is related to your fifth amendment right against self incrimination, but I don’t think that I commented on Miranda in context of the fourth anywhere above…the fourth amendment discussion was about various other issues.
If you mean that my tossing evidence discussion associated the Miranda rights with searches…practically it does. The police will sometimes conduct searches that result from information received in an interrogation that was later determined to be violative of someone’s Miranda…after which the evidence may be tossed.
And Miranda has become embedded in American culture such that people can cite their right to attorneys and silence at a basic level. This was not so prior to the decision.
Simple procedure is not so simple though – the first Miranda reading covers a person’s right for a certain amount of times. Sometimes, they have to re-mirandize after a certain period of time. The length of detention matters. Plus there is always an issue of whether a reasonable person would consider themselves under arrest – or whether the individual does. It may be unclear at times when Miranda is needed.
I agree that if Miranda is clearly violated, in the interest of general justice anything obtained from it is tossed. But that doesn’t mean that protection of Miranda rights results in a just conclusion in each instance.
I’m suggesting not that it’s no big deal. I’m saying know exactly what you’re concerned about from the decision, what specific right you are concerned about losing, and what the decision means for you as a citizen.
So, specifically in this situation, what right has been eliminated, and how does that affect you? What bad results are you concerned about (besides slippery slope issues)?
“Activist judges” is a dangerous term as well. Many decisions that people claim are politically motivated can be traced to sound legal conclusions. There are few which seem to be snatched out of constitutional thin air – the Constitutional right of privacy that was the basis of the “Roe v. Wade” decision was one of these many argue…this right is implied and was read into the Constitution by the Court. I support having this right, but it was a rare act of judicial activism.
So, what will this do…and please, be specific.