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Thread: Must a Social Worker Advise an Incarcerated Def of His Rights Under Miranda?

  1. #51
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    stjames1_53's Avatar Senior Member
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    Quote Originally Posted by Cletus View Post
    How?
    they are advised where their Rights end and the suspects begin. Remember that one?
    For waltky: http://quakes.globalincidentmap.com/
    "The Nation that makes a great distinction between its scholars and its warriors will have its thinking done by cowards and its fighting done by fools."
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  2. #52

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    Quote Originally Posted by stjames1_53 View Post
    they are advised where their Rights end and the suspects begin. Remember that one?
    Okay, I am not getting you.

    I am talking about advising detained suspects of their constitutional protections at the time of detention or arrest, not a training course in police powers. Every cop absolutely needs to know the limitations of his power and authority, but every citizen should also know his.
    “Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue.” - Barry Goldwater

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    donttread's Avatar Senior Member
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    Quote Originally Posted by DGUtley View Post
    In a very interesting issue: On February 13, 2018, the Supreme Court of Ohio heard oral argument in State of Ohio v. Demetrius Jackson, 2017-0145. At issue in this case is whether a suspect’s rights have been violated when he is questioned, without being informed of his Miranda rights, by a children’s services social worker who must report her findings to a law enforcement agency. Jackson was arrested for raping a fourteen-year-old girl. After his arrest, Jackson was advised of his Miranda rights by a Cleveland Police detective. While being held in the Cuyahoga County Jail, Jackson was interviewed by a social worker from the Cuyahoga County Division of Children and Family Services. The social worker did not advise Jackson of his Miranda rights. Jackson admitted to having what he claimed was consensual sex with the minor girl, who he thought was 18.

    Very very interesting constitutional issue.

    What’s on Their Minds: Must a Social Worker Advise an Incarcerated Defendant of His Rights Pursuant to Miranda?
    If common sense has anything to do with it, and usually it does not , she should of had to advise him that the report would go to the court and probably a parent or gaurdian should of been invited.

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