Your rights.

Your rights exist not because they are written down.  Your rights exist not because the government tells you about them.  Your rights don’t begin to exist only after they are written down or they tell you about them.

Inalienable rights are universal.  They exist because you do.  The founding fathers didn’t create them some 240 years ago.  They merely recognized that society works best and to the benefit of all when Inalienable Rights are enshrined.

All of this comes from the recent Boston Bomber and the controversy about not “Mirandizing” him.  After many conversations online I’ve come to the conclusion that people think rights only exist after the government tells you about them.  Furthermore, that you don’t have those rights before they tell you about them.

The Supreme Court is wrong in that anything gleaned from the accused is void if they haven’t been read their Miranda Rights.  This makes the act of reading those rights an entitlement that voids all actions beforehand (see previous post on entitlements).  This makes the government responsible for your ignorance of your rights.

The Boston Bomber can choose to remain silent, and he can choose to say nothing until his lawyer is there (or one is provided for him).  Because the government has yet to read him his Miranda Rights doesn’t mean he doesn’t have Miranda Rights.  Nor does it mean that the government can do whatever it likes to get information out of him up until the moment he is read his rights.

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1 Response to Your rights.

  1. tiffany267 says:

    Interesting point of view. I think the concern in this case (I may be speaking only for myself; I often am) is only partly the failure to “Mirandize” this individual. I think that this failure is significant to the extent that it’s a sign of how fascist we have become. All the recognized concepts of personal liberty over the past two hundred years have been perverted into a sick, violent police state (which ironically incites more terrorist acts, leading to more violence by the state – it’s a vicious cycle and this is only the beginning). In the context of murdering the other suspect as well as the Boston lock-down, the failure to “Mirandize” this individual is just one more sign that our government is NOT on our side and is never going to be on our side.

    Since September 11, 2001, liberty has become a joke in the minds of not only our politicians but most of the country. Paranoia and xenophobia took over in an already ignorant and apathetic American population. While the Bush regime was passing the Patriot Act, establishing DHS, torturing civilians, and lying to us about pretty much everything, the citizenry should have been marching to Washington and staging the biggest damned rebellion of all time, but instead they cowered in their living rooms, watching the televised invasion of Iraq, reading their bibles, and praying to invisible men in the sky. Now of course it has become obvious that, as terrifying as it is for me to see that anyone could foster more evil than George W. Bush, the Obama administration has taken Bush regime fascism to an all new level, complete with drones, CISPA, and murdering an American citizen overseas without charges or a trial just for exercising his freedom of speech, among many other horrific nightmares.

    At this point, whether or not someone deserves the “entitlement” of being read their Miranda rights is only a theoretical discussion. In this political climate, you may as well take the Miranda rights and wipe your backside with them because we’re not going to be recognized anyway. We shall see how this individual’s trial is carried out, but I have no illusions about the state being concerned with us having rights, let alone informing us of them.

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