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:: Monday, November 25, 2002 ::

Challange to Miranda Rights?

I just noticed (from reading Eugene Volokh of the "Volokh Conspiracy") that tomorrow the Supreme Court is hearing a case regarding a challange or perhaps the extension of Miranda Rights. Currently it is unconstitutional for the government to use testimony obtained in violation of Miranda v. Arizona in a trial. The new case, Chavez v. Martinez will consider the possability that it is unconstitutional to interrogate a suspect in violation of Miranda.

While it may seem like an irrelevant point or difference (because really, Miranda v. Arizona is not at issue), this is really an important point. If the Court declairs that interrogation in violation of Miranda is itself unconstitutional, then perhaps the biggest problem will be for the war on terror. Much interrogation to find information--information that could save thousands of people--will be declared unconstitutional. On the other hand, if the interrogation is constitutional, then we are faced with the problem of information constitutionally obtained will not be used at trial, and perhaps because of this people will go free (including terrorists).

I personally find myself internally hoping that such interrogation be deemed unconstitutional. But perhaps this is illmotivated. I find the U.S.A. Patriot Act and this year's incarnation of a homeland security bill to push the limits. Our criminal justice system has been inundated with increasing police powers. I would like to stem it off. But on the other hand, I think that this it would probably be bad not to interrogate when lots of people can be saved.
:: Mike 9:48 PM [+] ::

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