May 14, 2010

Holder is Wrong: Miranda Rewrite Not Needed

Ron Kuby, New York Daily News


AP Photo

"No person ... shall be compelled in any criminal case to be a witness against himself."

-Fifth Amendment to the United States Constitution

Attorney General Eric Holder's pledge to work with Congress to limit the Supreme Court's 1966 decision in Miranda v. Arizona is a solution in search of a problem. Putting aside the near impossibility of changing the Supreme Court's constitutional interpretation by means of a legislative enactment, Miranda already provides, in Holder's words, the "necessary flexibility" to permit the questioning of terror suspects in order to obtain needed intelligence. Assertions to the contrary demonstrate a profound misunderstanding of Miranda.

 

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Related Topics: Terrorism, Miranda, Eric Holder

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