Just a small follow-up on the KSM trial in New York- apparently many commenters about the whole shebang don't understand the fundamental importance of Miranda rights. Many US trials have ended just after they began, when it was established that the defendant had not been read their Miranda rights, or had been read them in the wrong language, or had a hearing impediment or had by some other means not heard their rights from the arresting officer. And without consciously knowing your Miranda rights, you can't then be put on trial, because you may subsequently have incriminated yourself without knowing that you have a right not to do that.
The principle is, not only do you have rights, but you must be told in plain language what those rights are at the point where the criminal justice system takes action against you. Every person tried in the US judicial system can use as a valid defense that they were not informed of their Miranda rights. So unless Khalid Shiekh Mohammed was read his rights before the CIA interrogated him, his first defense in court will be along those lines. And that by itself may be the end of the trial.
1 comment:
I think among all those other reasons, why the trial might end, this is the most burning issue and together with a torture used during the interrogation, it establishes high chance for KSM of being acquitted and that itself questions the Obama's administration decision to hold the civilian trial. I would really like to know what is the motive behind. Elli
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