Thursday, August 18, 2022

Play

A new bill would put term limits on Supreme Court justices, Michigan workers win a minimum wage increase, and the CDC announces an operational overhaul.

Play

Former NYC mayor Rudy Giuliani testifies before a Georgia grand jury, Liz Cheney says she's considering a run for president in 2024, and a Wis. Democratic challenger leads the race for Ron Johnson's Senate seat.

Play

More women enter politics in the wake of the Supreme Court's ruling on Roe v. Wade, one owner of a small town Texas newspaper fights to keep local news alive, and millions of mental health dollars could help reduce the suicide rate among farmers and ranchers.

Vega v. Tekoh Ruling Weakens ‘Miranda’ Protections

Play

Thursday, June 30, 2022   

Another important U.S. Supreme Court ruling this month has been overshadowed by the controversy about overturning abortion rights.

Legal experts say the court has weakened the rights of people who've been arrested in its 6-3 decision in the case Vega v. Tekoh.

At issue was a landmark 1966 decision Miranda v. Arizona, which prompted the statement police read to people as they're arrested, to inform them of their rights.

Vincent Bonventre, professor at Albany Law School, said the high court is making a distinction between Miranda protections and the Fifth Amendment right against self-incrimination.

"While an individual can sue under '1983' for a violation of his constitutional right against compelled self-incrimination, the court said that the individual cannot sue under '1983' for violation of Miranda rights, because Miranda rights aren't constitutional rights," Bonventre explained.

The '1983' to which Bonventre refers is Section 1983 of the Ku Klux Klan Act, an amendment to the 1871 law which allows people to file lawsuits if they feel their constitutional rights have been violated.

The new ruling means in such cases, a person cannot sue law enforcement officials under federal civil-rights law for Miranda warning violations.

But Bonventre pointed out New York's Court of Appeals as well as other state courts can protect Miranda rights more than the Supreme Court, and without penalty. He does not think the Vega v. Tekoh decision will be as major a change to the legal system as it seems.

"The court did not have to rule this way," Bonventre emphasized. "The court could have said, 'Well, Miranda rights are important enough, and they are part of constitutional law, even though they are not the actual constitutional right. And therefore, we want to protect them by allowing individuals to sue when their Miranda rights are violated.' "

The original 1966 case has for decades provided a safeguard for people against the right to self-incrimination through forced confessions.


get more stories like this via email
With a 29.7% jump in population over the last decade, residents of Hell's Kitchen are calling on MTA officials for a new subway station to be built in the neighborhood. But, it could face stiff competition for funding from other proposed capital projects. (Adobe Stock)

Environment

Numerous community advocates are calling on the Metropolitan Transportation Authority to build a long-proposed subway station at 10th Avenue and 41st …


Social Issues

Relief may be on the way for many older Nevadans who need hearing aids but can't afford to pay $3,000 to $5,000 for a pair. The Food and Drug …

Social Issues

Workers in Michigan won major victories recently as a minimum-wage increase and employer paid sick time program were reinstated by court order…


Rural towns and communities make up 72% of the nation's land area, house 46 million people and are relied upon for agriculture, natural resources, outdoor recreation and environmental sustainability, according to the USDA. (Adobe Stock)

Social Issues

Small-business owners and entrepreneurs in a handful of towns across the state have resources at their fingertips to help renovate and reuse historic …

Health and Wellness

Your first heartbreak, accident, loss of a loved-one or being chased by a dog - these and so many other incidents can be lasting traumatic …

Two bills introduced in the House are aimed at changing the makeup of the Supreme Court. One would see several justices retired from the court in the next six years. (Adobe Stock)

Social Issues

A bill introduced in the U.S. House of Representatives would place limits on Supreme Court justices in the wake of several of the court's decisions…

Environment

The kelp forests off the Mendocino coast are starting to recover with improved environmental conditions, thanks to a conservation program which sent …

Social Issues

Madera Community College outside Fresno is making big plans after being named winner of the Million Dollar Community College Challenge Wednesday…

 

Phone: 303.448.9105 Toll Free: 888.891.9416 Fax: 208.247.1830 Your trusted member- and audience-supported news source since 1996 Copyright 2021