Dominican Version of the Miranda Rights

BIZC8

New member
Dec 21, 2006
92
2
0
I just got done reading an article on Listin Diario about how the Chief of Police is bewildered at how easy it is for criminals to get out of jail after having been apprehended or arrested even while in the commission of the crime(s).

Well, here's my two cents: not long ago, we had an international committee of "legal experts" from all over the American continent (specifically Chile) who gave the DR a particular "insight" as to how the police and judicial system "should" run. Now, I'm sure they had the best of intentions to bring our archaic judicial system out of the stone age by having it migrate if you will, from a Middle Age judicial system to what the new globalized era countries like the US, Chile, the UK and some others that come to mind currently implement.

Problem with that is that they essentially have placed the horse in front of the carriage. They have decided to place a number of criminal offender biased restrictions on the judicial system, like having to release suspected criminals if they're not properly processed through our version of the prosecutor's office and court system within say, 48 hours. Now, you don't need to be a rocket scientist to figure out that before you start placing this type of pressure on the authorities the infrastructure must already be there. The backbone system must already be standing and operational otherwise we will continue to see everyday occurrences where the police will not only have to watch criminals simply walk out of the jail, but eventually this is all going to start taking a toll on the officers. Frustration will start to settle in, the morale of the police force will start to deteriorate (if not already) to the point where officers will all be guilty of dereliction of duty or official misconduct, as if this is not an already rampant problem in the DR.

My suggestion? Withhold any further 48 hr detention time lines or at the very least increase it appropriately so as to allow the judicial system, in its current state to catch up.
 

Rick Snyder

Silver
Nov 19, 2003
2,321
2
0
BICZ8,

As you may have noticed I moved your thread from the ?Government? forum to the ?Debate? forum and the reason should be obvious. As nobody took your bait on this thread I've decided to respond to your post.

I read the article you linked to and I really don?t see whereas teniente general Bernardo Santana P?ez is ?bewildered? in the present actions taking place in the justice system but the frustration may well be there. I find it amusing that you should title your thread ?Dominican Version of the Miranda Rights? and would ask if you have any knowledge of the Miranda Rights as they relate to the US due to the fact that the US is where the name and law comes from?

I remember well the situation in the US as it relates to matters of the police prior to the 1966 supreme court ruling in favor of Ernesto Mirando. I also remember the frustration felt by a lot of the police back in those days as that thought that criminals were walking for no reason after being arrested.

It is interesting to note that prior to 1966 the US police had a tendency to handle themselves in contradiction to the US constitution and it took a court order to make the police ?tow the line? so to speak as it pertains to rights of individuals be they honest or dishonest.

The Dominican police now seem to be coming under these same ?tow the line? procedures as it pertains to peoples rights be they honest or dishonest.

Over time the US police learned that they had to respect an individuals rights of self incrimination by simply reading from a card those rights to the accused prior to questioning. Those words have become so common place that I would venture to say that all board members know them by heart regardless of nationality.

This article seems to be in complete contradiction to what you stated and this is from the president of the Dominican supreme court, Jorge Subero Isa, and explains in a little more detail where this individual is coming from in reference to the ?rights? of the people.

In this supposed case of h?beas corpus who holds the blame? If is was in fact a case of h?beas corpus then there are those that would say that the system worked as planned. I am saying this due to that which is written into the Dominican constitution.

As in a lot of the threads here it all seems to come down to the rights of people and how they should be treated be it in deportation, arrest, questioning and a host of other areas. Along those same lines comes the question as to whether the constitution and laws should be adhered to or whether you should allow the military and police to do their own things as has been the case all along.

It would seem that if the desire is for the advancement of the DR then the military and police must advance their techniques for fighting crime and not stay in the Trujillo and Balaguer mood of operation.

I wish to thank you for the following statement as it made my day, ?but eventually this is all going to start taking a toll on the officers. Frustration will start to settle in, the morale of the police force will start to deteriorate (if not already) to the point where officers will all be guilty of dereliction of duty or official misconduct, as if this is not an already rampant problem in the DR.?

My suggestion? Force the military and police to do their job but do it correctly.

Rick

Edited to add;

This article is a good example of that which needs to be done in this country. So close yet so far away.
 
Last edited: