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ACLU reacts to failure to read Boston bombing suspect his Miranda rights
April 21, 2013 by Jaimie Cremeans
The American Civil Liberties Union (ACLU) on Saturday released a statement reacting to statements by federal officials that the recently apprehended Boston bombing suspect will not be read his Miranda rights before being interrogated. A US Department of Justice official announced on Friday that.... [more]
Protecting The Right To Remain Silent During Law Enforcement Questioning
April 11, 2013 by Sean Gallagher
JURIST Guest Columnists Hank Asbill, Brian Murray, and Andrew Pinson of Jones Day argue that allowing prosecutors to use a defendant's refusal to answer pre-arrest, pre-Miranda law enforcement questioning as substantive evidence of guilt violates the Fifth Amendment and would permit abusive.... [more]
Brazil court orders YouTube to remove anti-Islam film from site
September 26, 2012 by Keith Herting
A Brazilian state court on Wednesday gave YouTube 10 days to remove from its website a film deemed offensive to Muslims. The court order follows a recent lawsuit brought by Muslim group National Islamic Union against Youtube's parent company Google asserting that the movie violates their freedom.... [more]
Supreme Court declines to expand definition of custodial for Miranda purposes
February 21, 2012 by Hillary Stemple
The US Supreme Court ruled 6-3 Tuesday in Howes v. Fields that a US Court of Appeals for the Sixth Circuit categorical rule that all private questioning of prisoners about outside events is per se custodial, requiring Miranda warnings to be given, is not clearly established by Supreme Court.... [more]
Supreme Court hears arguments on death penalty, right to counsel, Miranda
October 5, 2011 by Julia Zebley
The US Supreme Court heard oral arguments in three cases on Tuesday. In Maples v. Thomas, the court considered a death penalty appeal where Cory Maples missed his ability to appeal his sentence due to a clerk's error. An Alabama trial court had dismissed Maples' petition for post-conviction.... [more]
NYC car bomber sentenced to life in prison [this day at law]
October 5, 2011 by Clay Flaherty
On October 5, 2010, the US District Court for the Southern District of New York sentenced Pakistani-born US citizen Faisal Shahzad to life in prison for attempting to detonate a car bomb in New York City's Time Square in May 2010. His sentencing came after Shahzad pleaded guilty to 10 counts of.... [more]
Supreme Court opens 2011 term
October 3, 2011 by Jaclyn Belczyk
The US Supreme Court opened its 2011 term Monday with oral arguments in two cases. In Reynolds v. United States, the court heard arguments on the retroactive application of the Sex Offender Registration and Notification Act (SORNA), which requires convicted sex offenders to register. The attorney....... [more]
Supreme Court rules indigent defendants do not have right to counsel in civil cases
June 20, 2011 by Maureen Cosgrove
The US Supreme Court on Monday ruled 5-4 in Turner v. Rogers that an indigent defendant does not have a constitutional right to counsel in civil contempt cases that might result in imprisonment. The court held, however, that this particular defendant's due process rights were violated because he.... [more]
Supreme Court rules age is a factor in Miranda custody analysis
June 16, 2011 by Maureen Cosgrove
The US Supreme Court on Thursday ruled 5-4 in JDB v. North Carolina that a court should consider a juvenile's age when determining whether the individual is in custody for purposes of the Miranda warning as set forth in Miranda v. Arizona. JDB, a middle-school student, was removed from a.... [more]
Supreme Court held 'right to remain silent' must be unambiguously expressed [this day at law]
June 1, 2011 by Dwyer Arce
On June 1, 2010, the US Supreme Court ruled 5-4 in Berghuis v. Thompkins that when Miranda warnings are properly given, a person wishing to invoke the right to remain silent must do so unambiguously. The court overturned a ruling by the US Court of Appeals for the Sixth Circuit, which held that.... [more]
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