The "Material Witness" Exception: Worse than Gitmo

Published on February 11, 2005 By Gideon MacLeish In Politics

I referenced this in another blog, but it was another subject entirely.

When I was 18, I committed a crime, and was taken in by the police. Because they had nothing on me, I was held as a "material witness" as they investigated the crime.

I quickly discovered the consequences of this status. As a "material witness", I did not even have the rights of the other prisoners. I was persona non grata, and, as far as I knew, jailed indefinitely until I confessed to the crime. After two weeks of this confinement, I naturally confessed, and my Miranda rights were never read to me.

Now, there were a million loopholes I could have exercised here, as regards my confession. But I didn't have a good attorney, and reasoned that because I DID do the crime, I should own up to it and do the time. I also was well aware of my Miranda rights, even though they had not been read to me.

But the whole scenario brings up an interesting question: How many individuals have been/are being held as "material witnesses" under the same coersion, and how does this fit in with the constitutional rights of the accused? And while I DID know my rights, I have to wonder how many do NOT.

These are the kinds of questions that keep me from being a true conservative.

Comments

kingbee

on Feb 12, 2005

These are the kinds of questions that keep me from being a true conservative

i cant help but hope that 'true' conservatives--like anyone else committed to the principles and logic upon which our legal system is based--would be outraged by prosecutorial abuse of any of that system's valuable tools. unfortunately, while there are those at all points across the political spectrum who've lost faith in the concept of due process or--worse--arent bothered by trading a few wrongful convictions or diminishing rights of the accused to further 'law and order', it seems they are more likely to proclaim themselves conservatives whether or not they have a clue as to what conservativism is all about.

Gideon MacLeish

on Feb 12, 2005

I tend to agree with you, king, perhaps I should have amended the last sentence to read "...that keep me from being a 'true' conservative".

Dr Guy

on Feb 12, 2005

i cant help but hope that 'true' conservatives--like anyone else committed to the principles and logic upon which our legal system is based--would be outraged by prosecutorial abuse of any of that system's valuable tools.

Your hope is born out. I agree with you. It is abuse! I would hate having to spend even one night in captivity, much less 2!

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