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Wednesday, April 13, 2011

Flexibility on Miranda Rights

OFF THE WIRE
by The Federalist Society


http://www.fedsocblog.com/blog/flexibility_on_miranda_rights/
 
The Washington Post published an editorial today noting that Congress has not acted to expand the ability of law enforcement officials to question terrorism suspects before they issue these suspects Miranda warnings and that the FBI has thus acted on its own to authorize its officials to ask questions without issuing the warnings.
The editorial argues that these new ground rules are warranted but would be on sturdier ground if they were supported by federal legislation. A bill relating to Miranda warnings to terror suspects, the article says, could also clear up relevant issues that the current FBI rules do not address.
For more on Miranda warnings and terror suspects, click here to listen to a podcast from the Federalist Society by Hon. Paul G. Cassell and Prof. Amos N. Guiora of the University of Utah S.J. Quinney College of Law discussing the issue. The podcast is moderated by Mr. Richard D. Klingler of Sidley Austin LLP.

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