Does everyone have RIGHTS? I heard that arrested people that have tried to kill Americans by methods of suicide and fail and get caught could be set free. Apparently you have to read EVERYONE their Menander rights, even if they aren't Americans, or they are released for lack of documentation. I want to know #1. Does everyone have the rights that American citizens do when they cross our border? #2. In a time of desperation such as someone attempting to blow a plain up, do we need to follow the PROCEDURES or should we arrest them and have a military trial? #3. Finally do foreigners need to tried military style for intense crimes or in our normal courts?
When in the United States and in the jurisdiction of the government you have the same rights as a citizen and are expected to follow the same laws. Though, you do not have to read miranda rights to anyone unless you are going to ask them questions. Miranda rights are basic enough, you have the right to shut up (something a lot of people need to practice) and anything you can say will be used against you in a court of law (if it's worth anything, though talking about your cocaine is a bad idea). And of course if you can not afford a lawyer one will be assigned to you. Oh, by afford, they mean if you really can't afford one, not if you have the money. If you can sell something to afford a lawyer they don't really have to give you one per these laws.
#1. Does everyone have the rights that American citizens do when they cross our border? #2. In a time of desperation such as someone attempting to blow a plain up, do we need to follow the PROCEDURES or should we arrest them and have a military trial? #3. Finally do foreigners need to tried military style for intense crimes or in our normal courts
1) In a sense yes. Extraterrestrial rights are given to foreigners who have valid passports.
2)We are not at war. Martial Law should be the very last resort in desperate situations. One man trying to commit mass homicide is still a citizen of the US and therefor has the legal rights of one. If he is from a foreign country, you contact the embassy and have them deal with it.
3)I think explained it very well in #2. I think one man trying to destroy a single plane doesn't qualify for a entire nation to declare martial law.
#1. Does everyone have the rights that American citizens do when they cross our border?
This is iffy. You have citizen rights, and you have constitutional rights. Something that applies to criminal laws such as the Miranda rights apply to everyone. While you are on American soil, you are under the Constitution, therefore the rights apply to you. However. Some of these rights, such as the right to vote, can only apply to actual citizens of the United States. Civil and Ethnic rights apply to everyone. Basically, any rights that are not restricted will apply to everyone, even foreigners.
This is iffy. You have citizen rights, and you have constitutional rights. Something that applies to criminal laws such as the Miranda rights apply to everyone. While you are on American soil, you are under the Constitution, therefore the rights apply to you. However. Some of these rights, such as the right to vote, can only apply to actual citizens of the United States. Civil and Ethnic rights apply to everyone. Basically, any rights that are not restricted will apply to everyone, even foreigners.
If this is so than how can it be legal to send Cubans back, if they have a right to be here than how can the coastal guard send them back? IDK just wondering if that would apply
It would be legal if they were illegal immigrants. It doesn't take being a citizen to have basic human rights, but it takes citizenship rights to do the many American things. Not being a citizen has a couple perks but it has many more drawbacks.
