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Material witness warrants originate in the early 1800s, when getting hold of a witness who had left a jurisdiction before trial might involve a long day on horseback. They allowed lawmen to lock up key - "material" - witnesses at their convenience.
Sporadic use of the warrants caused little controversy until 9/11, when law enforcement seized on them as a means to detain terror suspects without probable cause. At least 70 men were held as material witnesses in the aftermath of the attacks while the Justice Department looked for evidence, according to a 2005 report by Human Rights Watch. A third of them for were in prison for more than two months, some for more than six months, and one witness detainee spent more than a year in prison.
Someone arrested on a material witness warrant can in theory be detained indefinitely, and in most states detainees are not granted the basic constitutional protections afforded to suspects under arrest, such as Miranda rights, the right to a public defender, and the right to a prompt appearance before a judge.
"Judges grant these warrants largely on the basis of the DA's word only," said Ronald Carlson, a law professor at the University of Georgia. "And I think the public at large would be shocked to know that a defendant gets the right to an appointed attorney in a felony case, but there is no such right in many, if not most, jurisdictions for a material witness."
The same year, in Houston, a young rape victim who suffered from schizophrenia and bipolar disorder broke down on the stand at the rapist's trial and fled, saying she could not continue. The woman, named only as Jenny, was arrested and jailed for 27 days in the prison's general population, where she said she was beaten by guards and inmates.
Thats because back then they had 'quick and speedy trials'.
Material witness warrants originate in the early 1800s, when getting hold of a witness who had left a jurisdiction before trial might involve a long day on horseback. They allowed lawmen to lock up key - "material" - witnesses at their convenience.
originally posted by: neo96
I don't think anyone would call that justice.
It's a gross abuse of power.
Should turn that around on DA's and see how they like it.
originally posted by: crazyewok
Material witness warrants originate in the early 1800s, when getting hold of a witness who had left a jurisdiction before trial might involve a long day on horseback. They allowed lawmen to lock up key - "material" - witnesses at their convenience.
Sporadic use of the warrants caused little controversy until 9/11, when law enforcement seized on them as a means to detain terror suspects without probable cause. At least 70 men were held as material witnesses in the aftermath of the attacks while the Justice Department looked for evidence, according to a 2005 report by Human Rights Watch. A third of them for were in prison for more than two months, some for more than six months, and one witness detainee spent more than a year in prison.
Someone arrested on a material witness warrant can in theory be detained indefinitely, and in most states detainees are not granted the basic constitutional protections afforded to suspects under arrest, such as Miranda rights, the right to a public defender, and the right to a prompt appearance before a judge.
BBC
Here are some gems of the use...
"Judges grant these warrants largely on the basis of the DA's word only," said Ronald Carlson, a law professor at the University of Georgia. "And I think the public at large would be shocked to know that a defendant gets the right to an appointed attorney in a felony case, but there is no such right in many, if not most, jurisdictions for a material witness."
The same year, in Houston, a young rape victim who suffered from schizophrenia and bipolar disorder broke down on the stand at the rapist's trial and fled, saying she could not continue. The woman, named only as Jenny, was arrested and jailed for 27 days in the prison's general population, where she said she was beaten by guards and inmates.
Ok WTF? Surely this violates your constitutional rights to a fair trial?
By the looks of it material witnesses get less rights than a suspect.
IMPORTANT: New (old) Standards Are Being Enforced (again) For New Threadsedit on Sat May 6 2017 by DontTreadOnMe because: trimmed overly long quote IMPORTANT: Using Content From Other Websites on ATS
Long ago, when men cursed and beat the ground with sticks, it was called witchcraft. Today it's called golf.
originally posted by: lordcomac
Honestly, most authoritarian use of power is unconstitutional.
Nsa is watching every post you make, every text you send, and logging them with time stamps so they can be used against you.
Right now.
Most things police do these days are against freedom.