The Constitution and terrorism: Why suspect never heard his rights

Lyle Denniston looks at the issues of Miranda warnings, Boston Marathon bombing suspect Dzhokhar Tsarnaev, Tsarnaev?s protections under the Constitution?s Fifth Amendment, and the public safety exception.

The statements at issue:

?The police can interrogate a suspect without offering him the benefit of Miranda [warnings] if he could have information that?s of urgent concern for public safety.? That may or may not be the case with Dzhokhar Tsarnaev.? The problem is that Attorney General Eric Holder has stretched the law beyond that scenario.?

?? Emily Bazelon, a columnist for Slate.com, in an article on April 19, ?Why Should I Care That No One?s Reading Dzhokhar Tsarnaev His Miranda Rights???

?[As of Saturday night] Authorities have not read him his Miranda rights, which include the right to remain silent and the right to an attorney. Federal law enforcement officials said they plan to use a public safety exception, outlined in a 1984 Supreme Court decision, ?in order to question the suspect extensively about other potential explosive devices or accomplices and to gain critical intelligence.??

?? Washington Post story on April 21, by reporters Joel Achenbach and Robert Barnes, ?Authorities seek answers in Boston Marathon bombing.

We checked the Constitution, and?

checkSome three decades ago, the Supreme Court for the first time gave police and federal agents the authority to avoid giving criminal suspects Miranda warnings about their constitutional rights, when the public safety justified that suspension.? That authority, given in the 1984 decision of New York v. Quarles, has since been expanded by lower courts so that, even if a suspect has claimed the right to remain silent or the right to a lawyer, the questioning can go on if the public safety threat remains.

How long such questioning can continue, and what kinds of questions can be asked, is now the source of considerable uncertainty, as officials have developed interrogation policies they think are necessary in dealing with terrorist incidents.? But one thing does remain certain: the Constitution still requires that the police not use outright coercion in order to get answers even to the most pressing questions.?? If authorities want to use the evidence that they gain by such questioning, that evidence must have been given voluntarily.

In the case of the 19-year-old suspected of bombing the Boston Marathon and other crimes after that, Dzhokhar Tsarnaev, there is no doubt that he has some protection under the Constitution?s Fifth Amendment against being forced to implicate himself.? He is a U.S. citizen, so he has the legal shield of the Constitution.? (On April 2, we discussed the rights during terrorism investigations of suspects who are not U.S. citizens; those rights may differ.)

The night that Tsarnaev was captured in Watertown, Mass., the chief U.S. prosecutor, Carmen Ortiz, told the news media that the suspect would not be given Miranda warnings immediately when questioning began, and she cited the ?public safety exception.?

About Constitution Check

• In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about its meaning and what duties it imposes or rights it protects.

Last year, in a bulletin to law enforcement officers across the nation, the FBI cautioned them that this exception applied only to questions ?directed at neutralizing an imminent threat.?? It added that ?once the questions turn from those designed to resolve the concern for safety to questions designed solely to elicit incriminating statements, the questioning falls outside the scope of the exception and within the traditional rules of Miranda.?

Related story: Constitution Check: Why would a terrorism suspect be given Miranda warnings?

However, under the terms of a 2010 Justice Department legal memo (criticized by Slate.com?s Emily Bazelon in the column quoted above), questioning of a terrorism suspect who has not been told of his rights may also continue even beyond concerns for the moment, in order potentially to get significant intelligence information ?not related to any immediate threat.?? The memo cautions that the officers conducting the interrogation should get approval from their superiors to go further into intelligence-gathering.

None of these issues that are specifically related to terrorism investigations have yet reached the Supreme Court, so federal agents and police use this added authority without knowing what the legal risks are.

There is some risk that, if the public safety exception and the 2010 Justice Department memo are pressed too far by officers in the field, they could put in jeopardy their chances of using at later trials the evidence of crime that has been gathered.? The calculation thus has to be made whether to run that risk.? That involves a balancing of the needs of trial prosecutors with the needs of finding out about potential future threats.

What investigators are generally expected to understand is that the whole purpose of the Miranda warnings is to make sure that any incriminating evidence that results from questioning is available for use at trial, and the warnings are designed to help assure that whatever the suspect has said that gets him into trouble was said voluntarily.

If the threat of terrorism rises to the level that intelligence is more important than criminal evidence, then official policy, as outlined in the 2010 Justice Department memo, for example, will give it a higher priority.

That, however, is a judgment call that has to be made one case at a time, as in the case of the Boston bombing suspect.? From all that officials involved in the investigation in Boston have said, it may well be that they have such overwhelming evidence to support prosecution that they have little need to get Tsarnaev to confess and can focus, instead, on finding out what he may know ? if anything ? about other threats or accomplices.

Lyle Denniston is the National Constitution Center?s adviser on constitutional literacy. He has reported on the Supreme Court for 55 years, currently covering it for SCOTUSblog, an online clearinghouse of information about the Supreme Court?s work.

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Source: http://news.yahoo.com/constitution-check-limits-questioning-bombing-103826150.html

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Health impact assessments prove critical public health tool: Best way to gauge impact of gas drilling on communities

Apr. 22, 2013 ? As natural gas development expands nationwide, policymakers, communities and public health experts are increasingly turning to health impact assessments (HIA) as a means of predicting the effects of drilling on local communities, according to a new study from the Colorado School of Public Health.

The report, published this week in the American Journal of Public Health, highlights lessons learned when scientists from the school were hired to assess the possible health impacts of fracking in a small western Colorado town.

"Health impact assessments can be a useful public health tool to determine the possible health effects of natural gas development on the local level," said the study's lead author Roxana Zulauf Witter, MD, MPH, at the Colorado School of Public Health. "In fact, our study is now being looked at as a model nationwide."

In 2009, the Colorado School of Public Health was contracted by Garfield County to conduct a health impact assessment of 200 proposed natural gas wells in the community of Battlement Mesa.

The team found that the natural gas project could contribute to health effects such as headaches, upper respiratory illness, nausea and nosebleeds and a possible small increase in lifetime cancer risks as a result of air emissions.

The project would also increase safety risks and mental health effects due to traffic and community changes associated with the industrial activity.

According to the study, the HIA offers a roadmap for other communities and industry to follow in determining the health impacts of gas drilling. It also develops recommendations to reduce those impacts.

"We believe we accomplished the important objective of elevating public health into many levels of natural gas policy discussion," the study said. "The Battlement Mesa HIA provides substantial and valuable guidance for local decision makers to protect public health."

At the same time, the industry can use HIA findings to identify and eliminate health issues before they become problems.

"The whole goal is to provide recommendations to reduce impacts before you start," Witter said. "The assessment is a means to an end. It's a critical public health tool."

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Story Source:

The above story is reprinted from materials provided by University of Colorado Denver.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

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Journal Reference:

1. Roxana Z. Witter, Lisa McKenzie, Kaylan E. Stinson, Kenneth Scott, Lee S. Newman, John Adgate. The Use of Health Impact Assessment for a Community Undergoing Natural Gas Development. American Journal of Public Health, 2013; : e1 DOI: 10.2105/AJPH.2012.301017

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/bGnElfWZgeY/130422175712.htm

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North Korea demands recognition as nuclear arms state

SEOUL (Reuters) - North Korea demanded on Tuesday that it be recognized as a nuclear weapons state, rejecting a U.S. condition that it agree to give up its nuclear arms program before talks can begin.

After weeks of tension on the Korean peninsula, including North Korean threats of nuclear war, the North has in recent days begun to at least talk about dialogue in response to calls for talks from both the United States and South Korea.

The North's Rodong Sinmun newspaper rejected as groundless and unacceptable the U.S. and South Korean condition that it agrees to dismantle its nuclear weapons and suspend missile launches.

"If the DPRK sits at a table with the U.S., it has to be a dialogue between nuclear weapons states, not one side forcing the other to dismantle nuclear weapons," the newspaper said, referring to the North by its official name, the Democratic People's Republic of Korea.

A White House spokesman said this month North Korea would need to show it was serious about abandoning its nuclear ambitions for talks to be meaningful.

North Korea signed a denuclearization-for-aid deal in 2005 but later backed out of that pact. It now says its nuclear arms are a "treasured sword" that it will never give up.

It conducted its third nuclear test in February.

That triggered new U.N. sanctions which in turn led to a dramatic intensification of North Korea's threats of nuclear strikes against South Korea and the United States.

But in a sign the hostility was easing, North Korea last Thursday offered the United States and South Korea a list of conditions for talks, including the lifting of U.N. sanctions.

The United States responded by saying it awaited "clear signals" that North Korea would halt its nuclear weapons activities.

North Korea has a long record of making threats to secure concessions from the United States and South Korea, only to repeat the process later. Both the United States and the South have said in recent days that the cycle must cease.

(Reporting by Robert Birsel; Editing by Sanjeev Miglani)

Source: http://news.yahoo.com/north-korea-demands-recognition-nuclear-arms-state-043513000.html

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Ariz. bill passed makes cities sell turned-in guns

PHOENIX (AP) ? Arizona cities and counties would have to sell guns turned in at community buyback events instead of destroying them under a law passed by the Legislature.

The bill doesn't have any effect on guns seized by law enforcement, which already have to be sold to a federally licensed dealer under a law passed last year. But that didn't stop a lengthy debate that veered into the possibility that the gun used to shoot U.S. Rep. Gabrielle Giffords might end up back on the street.

The bill is designed to eliminate a loophole in last year's law that requires police agencies to sell seized guns. Cities, including Tucson, have continued to hold buyback events and destroy the weapons, arguing that because they were voluntarily surrendered, they aren't covered by the law.

The Senate passed House Bill 2455 Tuesday on an 18-12 party-line vote and it now goes to Republican Gov. Jan Brewer for action.

Democrats argued that Republicans complain about the federal government when it requires the state to take action, yet they're quick to force local governments to do what they want.

"We hate it when the federal government mandates it to the state, and we're doing the same thing," said Sen. Lynne Pancrazi, D-Yuma. They also complained about victims having to deal with the knowledge that a gun that killed a loved one could end up back on the streets.

Republicans countered that allowing cities and counties to destroy guns that could be sold is a waste of taxpayer's money.

"It's not about protecting Second Amendment rights, it's about protecting the taxpayers," said Sen. Rick Murphy, R-Peoria. He also argued that the state doesn't require the destruction of cars involved in fatal accidents, so requiring guns to be destroyed is simply a feel-good measure that protects no one.

Murphy and Senate President Andy Biggs, R-Gilbert, pushed back at the argument against the state telling cities and counties what to do. Both noted that states retain rights not given to the federal government through the U.S. Constitution, while under the state constitution, cities and counties are subdivisions of the state.

During testimony before a House committee in February, Maricopa County Supervisor Mary Rose Wilcox said buyback programs give people who no longer want guns in their homes a safe way to dispose of them. Some are worried the weapons could be stolen, and others want to prevent a family member from accessing them, she said.

"There are many, many reasons, but they would never fathom that the guns they turn in would be recirculated again," Wilcox said.

Source: http://news.yahoo.com/ariz-bill-passed-makes-cities-sell-turned-guns-125026520.html

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'Divergent' Fills Out The Prior Family Tree With Tony Goldwyn

With the Dauntless train rolling out of the station and production underway on the "Divergent" movie as of last week, there was still one very important question the filmmakers had yet to answer?and that question, of course, was Who's your daddy?!

Because despite the film already having begun shooting in Chicago, one important character had yet to be cast: Andrew Prior, the stoic and selfless father of heroine Tris, whose quiet strength makes him such an asset to the Abnegation faction (and such a cipher to his hot-blooded, action-craving daughter). But now, the Prior family tree is fully fleshed out! According to Entertainment Weekly, actor Tony Goldwyn is officially on board to play the role (and earlier rumors about Aaron Eckhart having been cast were, apparently, all a bunch of hooey).

"Divergent," based on the YA novel by Veronica Roth, takes place in the dystopian ruins of America's second city, in a society whose members have split into five factions after the near-decimation of the human race. Each faction is guided by a single core value, which followers believe will save them from future destruction: the Abnegation practice self-denial, the Candor seek truth, the Erudite pursue knowledge, the Amity value peace, and the Dauntless believe in courage above all else. Tris, raised in Abnegation by parents who are the poster children for selflessness, learns at age 16 that she's different?divergent?in a way that government officials believe to be dangerous.

Tony is probably best known for his role as the President on ABC's "Scandal," but he also gave an amazing performance as a parent pushed to extremes in the recent movie remake of "Last House on the Left," so we can't wait to see how he handles the challenge of bringing Andrew Prior to life on screen.

"Divergent" hits theaters next March.

Are you excited to see "Divergent" get its main dad?

Tags Divergent, Tony Goldwyn

Source: http://hollywoodcrush.mtv.com/2013/04/16/tony-goldwyn-divergent/

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Stanford researchers turn skin cells directly into the cells that insulate neurons

Public release date: 15-Apr-2013
[ | E-mail | Share ]

Contact: Krista Conger
kristac@stanford.edu
650-725-5371
Stanford University Medical Center

STANFORD, Calif. Researchers at the Stanford University School of Medicine have succeeded in transforming skin cells directly into oligodendrocyte precursor cells, the cells that wrap nerve cells in the insulating myelin sheaths that help nerve signals propagate.

The current research was done in mice and rats. If the approach also works with human cells, it could eventually lead to cell therapies for diseases like inherited leukodystrophies disorders of the brain's white matter and multiple sclerosis, as well as spinal cord injuries. The study will be published online April 14 in Nature Biotechnology.

Without myelin to insulate neurons, signals sent down nerve cell axons quickly lose power. Diseases that attack myelin, such as multiple sclerosis, result in nerve signals that are not as efficient and cannot travel as far as they should. Myelin disorders can affect nerve signal transmission in the brain and spinal cord, leading to cognitive, motor and sensory problems.

Previous research in rodent disease models has shown that transplanted oligodendrocyte precursor cells derived from embryonic stem cells and from human fetal brain tissue can successfully create myelin sheaths around nerve cells, sometimes leading to dramatic improvements in symptoms. "Unfortunately, the availability of human fetal tissue is extremely limited, and the creation of OPCs from embryonic stem cells is slow and tedious," said the study's senior author, Marius Wernig, MD, assistant professor of pathology and a member of Stanford's Institute for Stem Cell Biology and Regenerative Medicine. "It appeared we wouldn't be able to create enough human OPCs for widespread therapeutic use, so we began to wonder if we could create them directly from skin cells."

Nan Yang, PhD, a postdoctoral scholar in the Wernig laboratory and lead author of the study, pointed out that there is another advantage to using this technique. "By using the patient's own skin cells, we should be able to generate transplantable OPCs that are genetically identical to the patient's natural OPCs," Yang said. "This allows us to avoid the problem of immune rejection, which is a major complication in transplantation medicine."

Last year, Wernig's team successfully created human nerve cells out of skin cells. Other researchers had successfully used a similar process to turn skin cells into embryonic-like cells called induced pluripotent stem cells, and then grow those iPS cells into nerve cells, but Wernig's lab was the first to convert skin cells directly into nerve cells without the intermediate iPS cell step.

The team's current research project also involved directly converting skin cells into OPCs without having to create iPS cells. The researchers showed that mouse and rat skin cells could be directly converted into OPCs, and that these cells would successfully myelinate nerve cells when transplanted into the brains of mice with a myelin disorder.

Next, the team plans to reproduce the research in human cells; if successful, the approach could lay the groundwork for therapies for a wide array of myelin disorders and spinal cord injury.

###

Other Stanford co-authors were postdoctoral scholars Bradley Zuchero, PhD, Henrik Ahlenius, PhD, Samuele Marro, PhD, and Thomas Vierbuchen, PhD; graduate student Yi Han Ng; undergraduate researchers John Hawkins and Richard Geissler; and Ben Barres, PhD, professor of neurobiology.

The research was supported by the Ellison Medical Foundation, the Stinehart-Reed Foundation, the National Institutes of Health (grants MH092931 and EY10257), the Howard Hughes Medical Institute, the Swedish Research Council, the Swedish Society for Medical Research and the New York Stem Cell Foundation.

Stanford's Department of Pathology and Institute for Stem Cell Biology and Regenerative Medicine also supported the work.

The Stanford University School of Medicine consistently ranks among the nation's top medical schools, integrating research, medical education, patient care and community service. For more news about the school, please visit http://mednews.stanford.edu. The medical school is part of Stanford Medicine, which includes Stanford Hospital & Clinics and Lucile Packard Children's Hospital. For information about all three, please visit http://stanfordmedicine.org/about/news.html.

Print media contact: Krista Conger at (650) 725-5371 (kristac@stanford.edu)

Broadcast media contact: M.A. Malone at (650) 723-6912 (mamalone@stanford.edu)

---

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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Public release date: 15-Apr-2013
[ | E-mail | Share ]

Contact: Krista Conger
kristac@stanford.edu
650-725-5371
Stanford University Medical Center

STANFORD, Calif. Researchers at the Stanford University School of Medicine have succeeded in transforming skin cells directly into oligodendrocyte precursor cells, the cells that wrap nerve cells in the insulating myelin sheaths that help nerve signals propagate.

The current research was done in mice and rats. If the approach also works with human cells, it could eventually lead to cell therapies for diseases like inherited leukodystrophies disorders of the brain's white matter and multiple sclerosis, as well as spinal cord injuries. The study will be published online April 14 in Nature Biotechnology.

Without myelin to insulate neurons, signals sent down nerve cell axons quickly lose power. Diseases that attack myelin, such as multiple sclerosis, result in nerve signals that are not as efficient and cannot travel as far as they should. Myelin disorders can affect nerve signal transmission in the brain and spinal cord, leading to cognitive, motor and sensory problems.

Previous research in rodent disease models has shown that transplanted oligodendrocyte precursor cells derived from embryonic stem cells and from human fetal brain tissue can successfully create myelin sheaths around nerve cells, sometimes leading to dramatic improvements in symptoms. "Unfortunately, the availability of human fetal tissue is extremely limited, and the creation of OPCs from embryonic stem cells is slow and tedious," said the study's senior author, Marius Wernig, MD, assistant professor of pathology and a member of Stanford's Institute for Stem Cell Biology and Regenerative Medicine. "It appeared we wouldn't be able to create enough human OPCs for widespread therapeutic use, so we began to wonder if we could create them directly from skin cells."

Nan Yang, PhD, a postdoctoral scholar in the Wernig laboratory and lead author of the study, pointed out that there is another advantage to using this technique. "By using the patient's own skin cells, we should be able to generate transplantable OPCs that are genetically identical to the patient's natural OPCs," Yang said. "This allows us to avoid the problem of immune rejection, which is a major complication in transplantation medicine."

Last year, Wernig's team successfully created human nerve cells out of skin cells. Other researchers had successfully used a similar process to turn skin cells into embryonic-like cells called induced pluripotent stem cells, and then grow those iPS cells into nerve cells, but Wernig's lab was the first to convert skin cells directly into nerve cells without the intermediate iPS cell step.

The team's current research project also involved directly converting skin cells into OPCs without having to create iPS cells. The researchers showed that mouse and rat skin cells could be directly converted into OPCs, and that these cells would successfully myelinate nerve cells when transplanted into the brains of mice with a myelin disorder.

Next, the team plans to reproduce the research in human cells; if successful, the approach could lay the groundwork for therapies for a wide array of myelin disorders and spinal cord injury.

###

Other Stanford co-authors were postdoctoral scholars Bradley Zuchero, PhD, Henrik Ahlenius, PhD, Samuele Marro, PhD, and Thomas Vierbuchen, PhD; graduate student Yi Han Ng; undergraduate researchers John Hawkins and Richard Geissler; and Ben Barres, PhD, professor of neurobiology.

The research was supported by the Ellison Medical Foundation, the Stinehart-Reed Foundation, the National Institutes of Health (grants MH092931 and EY10257), the Howard Hughes Medical Institute, the Swedish Research Council, the Swedish Society for Medical Research and the New York Stem Cell Foundation.

Stanford's Department of Pathology and Institute for Stem Cell Biology and Regenerative Medicine also supported the work.

The Stanford University School of Medicine consistently ranks among the nation's top medical schools, integrating research, medical education, patient care and community service. For more news about the school, please visit http://mednews.stanford.edu. The medical school is part of Stanford Medicine, which includes Stanford Hospital & Clinics and Lucile Packard Children's Hospital. For information about all three, please visit http://stanfordmedicine.org/about/news.html.

Print media contact: Krista Conger at (650) 725-5371 (kristac@stanford.edu)

Broadcast media contact: M.A. Malone at (650) 723-6912 (mamalone@stanford.edu)

---

[ | E-mail | Share ]

?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Source: http://www.eurekalert.org/pub_releases/2013-04/sumc-srt041513.php

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S.Africa's rand extends losses, down 1.5 percent against dollar

* Ronaldo scores twice as Real win 3-0 in Bilbao * Weakened Barcelona beat Zaragoza 3-0 * Atletico thrash Granada 5-0 (Recasts after Real game, adds quotes) By Mark Elkington MADRID, April 14 (Reuters) - Cristiano Ronaldo proved too powerful for Athletic Bilbao as he scored with a fizzing free kick and a towering header in Real Madrid's bruising 3-0 victory at San Mames in La Liga on Sunday. The Portugal forward took his league tally for the season to 31 goals, netting in his eighth successive game in all competitions, and set up Gonzalo Higuain for Real's third. ...

Source: http://news.yahoo.com/africas-rand-extends-losses-down-1-5-percent-100902465--finance.html

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