The reason this is so outrageous is that the court system has no business injecting itself into an ongoing investigation. Courts don't normally get involved until charges are filed. Up until that time, an investigation is the sole province of the executive branch, as represented by the duly authorized prosecutors and detectives conducting the investigation.
In my experience lawyers who have tried to inject themselves into an investigation in an attempt to influence whether charges are filed have been soundly rebuffed. It is the same princple, which is that the legal system doesn't kick in until charges are filed in court.
This principle is why I see problems with the Miranda Warnings, as mandated by the Supreme Court in the famous Miranda case back in 1966. The first two sentences should be sufficient, informing a suspect that he has a right to remain silent, and that anything he says can be used against him later in court. The last two sentences on the right to an attorney should be dropped, as the function of an attorney doesn't kick in until charges are filed and the case thereby gets into the court system.
All an attorney is going to do during the investigative phase is tell his client not to talk to the police. I much prefer the British system, as illustrated in the many British detective shows available to stream these days. The British tell the suspect, "You have the right to remain silent, although if you fail to mention something that you later rely on in court, your silence can be used against you."
No comments:
Post a Comment