Amendment Right to Be Silent
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A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed. -
You Have a Right to Remain Silent Michael Avery
Fordham Urban Law Journal Volume 30 | Number 2 Article 5 2003 You Have a Right to Remain Silent Michael Avery Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Constitutional Law Commons Recommended Citation Michael Avery, You Have a Right to Remain Silent, 30 Fordham Urb. L.J. 571 (2002). Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss2/5 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. You Have a Right to Remain Silent Cover Page Footnote The Author ppra eciates the advice of Professor Susan Klein, University of Texas Law School with respect to Fifth Amendment issues and the assistance of his colleague Professor Marie Ashe. The assistance of the Deans of Suffolk Law School with summer writing stipends made this work possible. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol30/iss2/5 YOU HAVE A RIGHT TO REMAIN SILENT Michael Avery* INTRODUCTION Everyone who watches television knows that when someone is arrested, the police have to "Mirandize"1 the suspect by reading his rights to him and that one of those rights is the "right to remain silent." The general public also knows that the suspect has the right to see a lawyer.2 Of course, in crime dramas these rights are often violated, but no one questions that they exist. -
Grand Jury Duty in Ohio
A grand jury is an essential part of the legal system. What Is a Grand Jury? In Ohio, a grand jury decides whether the state Thank you for your willingness to help your has good enough reason to bring felony charges fellow citizens by serving as a grand juror. As against a person alleged to have committed a a former prosecuting attorney, I can attest crime. Felonies are serious crimes — ranging that you have been asked to play a vital role from murder, rape, other sexual assaults, and in American democracy. kidnapping to drug offenses, robbery, larceny, financial crimes, arson, and many more. The justice system in America and in Ohio cannot function properly without the The grand jury is an accusatory body. It does not dedication and involvement of its citizens. determine guilt or innocence. The grand jury’s I guarantee that when you come to the end duty is simply to determine whether there is of your time on the grand jury, you will sufficient evidence to make a person face criminal consider this service to have been one of the charges. The grand jury is designed to help the best experiences of your life. state proceed with a fair accusation against a person, while protecting that person from being Our society was founded on the idea of equal charged when there is insufficient evidence. justice under law, and the grand jury is a critical part of that system. Thank you again In Ohio, the grand jury is composed of nine for playing a key role in American justice. -
The Breadth of Congress' Authority to Access Information in Our Scheme
H H H H H H H H H H H 5. The Breadth of Congress’s Authority to Access Information in Our Scheme of Separated Powers Overview Congress’s broad investigatory powers are constrained both by the structural limitations imposed by our constitutional system of separated and balanced powers and by the individual rights guaranteed by the Bill of Rights. Thus, the president, subordinate officials, and individuals called as witnesses can assert various privileges, which enable them to resist or limit the scope of congressional inquiries. These privileges, however, are also limited. The Supreme Court has recognized the president’s constitutionally based privilege to protect the confidentiality of documents or other information that reflects presidential decision-making and deliberations. This presidential executive privilege, however, is qualified. Congress and other appropriate investigative entities may overcome the privilege by a sufficient showing of need and the inability to obtain the information elsewhere. Moreover, neither the Constitution nor the courts have provided a special exemption protecting the confidentiality of national security or foreign affairs information. But self-imposed congressional constraints on information access in these sensitive areas have raised serious institutional and practical concerns as to the current effectiveness of oversight of executive actions in these areas. With regard to individual rights, the Supreme Court has recognized that individuals subject to congressional inquiries are protected by the First, Fourth, and Fifth Amendments, though in many important respects those rights may be qualified by Congress’s constitutionally rooted investigatory authority. A. Executive Privilege Executive privilege is a doctrine that enables the president to withhold certain information from disclosure to the public or even Congress. -
Reforming the Grand Jury Indictment Process
The NCSC Center for Jury Studies is dedicated to facilitating the ability of citizens to fulfill their role within the justice system and enhancing their confidence and satisfaction with jury service by helping judges and court staff improve jury system management. This document was prepared with support from a grant from the State Justice Institute (SJI-18-N-051). The points of view and opinions offered in this document are those of the authors and do not necessarily represent the official position or policies of the National Center for State Courts or the State Justice Institute. NCSC Staff: Paula Hannaford-Agor, JD Caisa Royer, JD/PhD Madeline Williams, BS Allison Trochesset, PhD The National Center for State Courts promotes the rule of law and improves the administration of justice in state courts and courts around the world. Copyright 2021 National Center for State Courts 300 Newport Avenue Williamsburg, VA 23185-4147 ISBN 978-0-89656-316-2 Table of Contents Introduction ...........................................................................................................1 What Is a Grand Jury?............................................................................................2 Special Duties .........................................................................................................3 Size Requirements...................................................................................................4 Term of Service and Quorum Requirements ...........................................................5 Reform -
20201209154816476 20-5133
No. 20-5133 ________________________________________________________________ ________________________________________________________________ IN THE SUPREME COURT OF THE UNITED STATES _______________ STEVEN BAXTER, PETITIONER v. UNITED STATES OF AMERICA _______________ ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ BRIEF FOR THE UNITED STATES IN OPPOSITION _______________ JEFFREY B. WALL Acting Solicitor General Counsel of Record BRIAN C. RABBITT Acting Assistant Attorney General JOHN M. PELLETTIERI Attorney Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 ________________________________________________________________ ________________________________________________________________ QUESTION PRESENTED Whether the court of appeals correctly determined that the warrantless search by federal customs officers of packages crossing the customs border between the United States customs territory and the United States Virgin Islands did not violate the Fourth Amendment. (I) ADDITIONAL RELATED PROCEEDINGS United States District Court (D.V.I.): United States v. Baxter, No. 17-cr-24 (Nov. 26, 2018) (order granting motion to suppress) United States Court of Appeals (3d Cir.): United States v. Baxter, No. 18-3613 (Feb. 21, 2020) (II) IN THE SUPREME COURT OF THE UNITED STATES _______________ No. 20-5133 STEVEN BAXTER, PETITIONER v. UNITED STATES OF AMERICA _______________ ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ BRIEF FOR THE UNITED STATES IN OPPOSITION _______________ OPINIONS BELOW The opinion of the court of appeals (Pet. App. 3a-25a) is reported at 951 F.3d 128. The opinion of the district court (Pet. App. 28a-69a) is not published in the Federal Supplement but is available at 2018 WL 6173880. -
Irreversible Error
Copyright © 2014 by The Constitution Project. All rights reserved. No part may be reproduced, stored in a retrieval system, or transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of The Constitution Project. For other information about this report, or any other work of The Constitution Project, please visit our website at www.constitutionproject.org or email us at [email protected]. Cover art designed by Elias Moose THE CONSTITUTION PROJECT STAFF Larry Akey Scott Roehm Director of Communications Senior Counsel, Rule of Law Program Maria Cortina Hispanic Outreach Fellow Virginia E. Sloan President Jennifer Donley Development Coordinator Katherine Stern Senior Counsel, Christopher Durocher Rule of Law Program Government Affairs Counsel Sarah E. Turberville Louis Fisher Senior Counsel, Scholar in Residence Criminal Justice Program Kayla Haran Stephen I. Vladeck Program Assistant Supreme Court Fellow Sarah McLean Brian Yourish Communications Coordinator Office Manager I. Scott Messinger Chief Operating Officer The Constitution Project promotes constitutional rights and values by forging a non-ideological consensus aimed at sound legal interpretations and policy solutions. The Constitution Project | iii Irreversible Error iv | The Constitution Project TABLE OF CONTENTS The Death Penalty Committee .......................................................................... vii Acknowledgements ............................................................................................. -
United States District Court Western District of Kentucky Bowling Green Division Criminal Action No. 1:03Cr-43-M United States O
Case 1:03-cr-00043-JHM-HBB Document 229 Filed 02/01/07 Page 1 of 3 PageID #: <pageID> UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY BOWLING GREEN DIVISION CRIMINAL ACTION NO. 1:03CR-43-M UNITED STATES OF AMERICA PLAINTIFF V. RICHARD ALLEN WASHAM DEFENDANT MEMORANDUM OPINION AND ORDER This matter is before the Court on motions by Defendant, Richard Allen Washam, pro se, for release of information on the grand and petit juries in accordance with 28 U. S.C. § 1867 and for dismissal of the indictment due to grand jury composition [DN 200, DN 206]. Washam contends that this Court failed to follow the Jury Selection and Service Act of 1968 (“JSSA”), 28 U.S.C. § 1861, et seq., depriving him of his right to a trial before a jury representing a fair-cross section of the community. Specifically, Defendant seeks a “court order for a detailed list of the racial composition of . grand jurors and petit panel jurors for the years . 2003-2006” pursuant to 28 U.S.C. § 1867(f). [DN 206]. Additionally, Defendant requests a list of jurors and seeks “to know how may times these listed jurors have been called for jury service within the last two years (2005-2006).” Id. Defendant argues that there is a long-standing policy in the Western District of Kentucky to have inadequate representation of minorities in the grand and petit jury panels. As a result, Defendant moves for a “court order be entered into [the] record for dismissal of the indictment due to grand jury composition, with prejudice.” Id. -
CH 10 Confessions
CONFESSIONS .............................................................................................. 1 §10-1 Fifth Amendment Rights .......................................................................... 1 §10-2 Suppression Motions and Hearings ..................................................... 12 §10-3 Miranda Warnings ................................................................................... 17 §10-3(a) Generally ......................................................................................... 17 §10-3(b) Non-Police Interrogation ............................................................. 26 §10-3(c) “In custody” .................................................................................... 28 §10-3(d) “Interrogation” ............................................................................... 49 §10-4 Waiver of Rights ....................................................................................... 53 §10-4(a) Generally ......................................................................................... 53 §10-4(b) Interrogation After the Right to Counsel Attaches ............... 62 §10-4(c) Interrogation After Request for Counsel ................................. 68 §10-4(d) Interrogation After Request to Remain Silent ....................... 82 §10-5 Voluntariness ............................................................................................ 89 §10-5(a) Generally ......................................................................................... 89 §10-5(b) Examples: -
Fleeting Data: Using Artificial Intelligence to Make Sense of the Border Exception
FLEETING DATA: USING ARTIFICIAL INTELLIGENCE TO MAKE SENSE OF THE BORDER EXCEPTION BRENDAN SULLIVAN* INTRODUCTION ........................................................................................... 61 I. THE PURPOSE OF THE BORDER EXCEPTION IN A DIGITAL WORLD65 A. How Have Fourth Amendment Rights at the Border Developed? ............................................................................. 67 B. Border Policy .......................................................................... 69 C. Balancing Governmental Interests .......................................... 71 D. What’s Reasonable When it Comes to Technology These Days? ................................................................................................ 72 II. IS A DEVICE SEARCH AS INTRUSIVE AS A STRIP SEARCH? ........... 73 A. Routine and Non-Routine Border Searches ............................ 75 B. Does Technology Make the Search More Intrusive or Less Intrusive? ................................................................................ 76 1. Forensically Intrusive ........................................................ 77 2. Manually Intrusive ............................................................ 77 3. Temporally Intrusive ......................................................... 78 C. When is a Border Search Not a Search Incident to Arrest? .... 79 D. Application to Vessel Searches ............................................... 80 III. HOW CAN CONGRESS PREVENT THREATS WITHOUT BORDER OFFICIALS INTRUDING ON PRIVACY? .......................................... -
When Congress Comes Calling: a Study on the Principles, Practices, and Pragmatics of Legislative Inquiry When Congress
When Congress Comes Calling: A Study on the Principles, Practices, and Pragmatics of Legislative Inquiry of Legislative on the Principles, Practices, and Pragmatics A Study When Congress 1200 18th Street, NW, Suite 1000 Washington, DC 20036 Comes Calling 202.580.6920 Email: [email protected] A Study on the www.constitutionproject.org Principles, Practices, and Pragmatics of Legislative Inquiry Morton Rosenberg Constitution Project Fellow WHEN CONGRESS COMES CALLING: A Study on the Principles, Practices, and Pragmatics of Legislative Inquiry © 2017 The Constitution Project All Rights Reserved. Requests for permission to reproduce selections from this book should be sent to: The Constitution Project, 1200 18th Street NW, Suite 1000, Washington, DC 20036; or by e-mail to [email protected] The Constitution Project’s mission is to safeguard constitutional rights and values when they are threatened by our government’s criminal justice and national security practices, and to strengthen our system of checks and balances. The views expressed in this study do not necessarily reflect the views of individual members of The Constitution Project’s Board of Directors. For information about this report, or any other work of The Constitution Project, please visit our website at www.constitutionproject.org or e-mail us at [email protected]. Book design by Keane Design & Communications, Inc., keanedesign.com. Contents Preface Part I: Principles, Practices and Pragmatics of Legislative Inquiry Chapter 1 – Introduction: Updating the Study of Legislative Inquiry and Adapting it to the Changed Climate of Congressional Oversight ............................................................................. 1 Chapter 2 – The Institutional Framework of Congressional Oversight: Purposes, Powers, Limitations and Practicalities ................................................................................................... 5 A. -
Miranda, Berghuis, and the Ambiguous Right to Cut Off Police Questioning
MIRANDA, BERGHUIS, AND THE AMBIGUOUS RIGHT TO CUT OFF POLICE QUESTIONING Laurent Sacharoff ABSTRACT Miranda v. Arizona requires police warn suspects they have the right to remain silent and the right to counsel. It also requires that if a suspect invokes his right to remain silent or his right to counsel, the police must terminate the interrogation. But the warnings do not tell the suspect he has the right to end the questioning, or how he may end it. Worse, despite a failure to explain the right, the Court in 2010 in Berghuis v. Thompkins, required that suspects invoke the right “unambiguously.” This requirement—that suspects invoke unambiguously a right they do not know exists—has created tremendous uncertainty in lower courts. These courts have no concrete standard against which to measure whether an assertion of the right was unambiguous. This article surveys the recent case law to show how a test that was supposed to simplify whether suspects had invoked their right by imposing an objective, plain meaning test has simply shifted the debate and confusion to what counts as “unambiguous.” I. INTRODUCTION The Court in Miranda v. Arizona1 required police warn suspects they have the right to remain silent and the right to counsel during any interrogation. But Miranda also created an important new right for suspects that scholars rarely discuss expressly: the right to cut off police questioning.2 Indeed, the Court in Miranda identified lengthy questioning as a chief culprit in creating a potentially coercive atmosphere, compounded by a suspect’s belief that the police will interrogate until he talks.