Arkansas Criminal Defense Blog ©

Most of us have seen the television show “Law and Order” or some other law enforcement drama. We have seen Lenny read someone their rights in a sarcastic tone.

As a result of a landmark case, Miranda v. Arizona, 384 U.S. 436 (1966), most every defendant, when taken into custody, is Mirandized. Although there is no magic language to be read to defendant, the Supreme Court was clear on what is needed:

“Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently.” Miranda at 444.

As a result, if you are brought into speak to a detective, it is likely they will ask you this list of questions in some form or fashion:

1. You have the right to remain silent and refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

You can not be harmed by speaking to an attorney before speaking to an officer who has Mirandized you. There is a reason they tell you that you have a right to speak to an attorney. YOU DO!

Tags: Constitutional Rights by Administrator
No Comments »

There is a story this morning on the unique enemy combatant case of Ali Al-Marri. (posted here. you will need windows media player or real audio).

Ali Al-Marri is a unique enemy combatant case in that Mr. All-Marri was picked up in the United States, not in the battlefield. It is going up before the 4th Circuit Court of Appeals for argument today. For a great summary of the history of the case see this Washington Post article.

What I did want to focus on was a comment taken in the interview by NPR. Former Assistant United States Attorney David Laufman commented on the importance of being able to designate someone an enemy combatant (I hope you are shocked):

“On the other hand, Laufman says, if the case depends on hearsay evidence, or testimony that came out under coercion, or evidence that would compromise sensitive intelligence sources and methods then the government may not be able to try the person in criminal court, so the president goes the enemy combatant route.”

Tags: Constitutional Rights, Criminal Defense Articles by Administrator
No Comments »

It is important for those accused of crimes to be aware of their rights under the U.S. Constitution. Please take a moment to read all of these. Many of those not aware of their rights do not enforce them when the time comes.

Constitutional Rights of Those Accused

1. Right to an Attorney- Every person has a right to an attorney under the U.S. Constitution. Speaking to an attorney before talking to anyone about criminal accusations is paramount, and leads to an equally important constitutional right…to shut up!
2. Shut Up!- The 5th Amendment provides every person a right to remain silent in criminal cases against them. Most criminal cases are won by prosecutors who have confessions.
3. Right to Jury Trial- Every person has a right to a trial by jury of their peers under the 6th Amendment to the Constitution.
4. Right to Compel Witnesses- Under the 6th Amendment an accused has a right of compulsory attendance of his witnesses. This means that persons subpoenaed for defense are forced to show to court.
5. Confrontation of Witnesses- Accused also have the right under the 6th Amendment to confront their accusers and cross-examine them in court.
6. Right to a Speedy Trial- Those arrested on criminal charges under the 6th Amendment have a right to a speedy trial. A prosecutor can generally not hold charges over a defendant indefinitely.
7. Beyond a Reasonable Doubt- An accused has the absolute right for the government to prove their case…each element of their case…beyond a reasonable doubt to each and every member of the jury.

Tags: Constitutional Rights by Administrator
No Comments »