In the famous (or notorious) 1966 decision of Miranda v. Arizona,
384 U.S. 436, the Supreme Court laid down a set of rules for the admissibility
of confessions by suspects in custody. Chief Justice Warren
frankly acknowledged that these were not the only constitutionally
acceptable procedures and invited Congress to legislate on the matter.
See id., at 490. Congress responded two years later by
legislatively abrogating Miranda, declaring that voluntariness
of confessions shall be determined by all the circumstances.
See 18 U.S.C. § 3501 (reprinted below).
In the years since, the Supreme Court has repeatedly indicated
that Miranda is something less than a constitutional right.
See, e.g., Michigan v. Tucker, 417 U.S. 433, 444 (1974).
If so, is it subject to Congressional modification or even abrogation?
Section 3501 has not come to the Supreme Court in this time.
In the Dickerson case, the government invoked the
statute in the District Court but then repudiated that position
when the case reached the Fourth Circuit Court of Appeal.
That court invoked the statute anyway. Professor Paul Cassell
of the University of Utah, a subcommittee chairman of the Federalist
Society's Criminal Law and Procedure Practice Group, filed an amicus
curiae brief urging the court to do so.
The Supreme Court has accepted review. Since the defendant
and the government agree on this point, the Court appointed Professor
Cassell to argue for affirmance as amicus. The case
is set for argument April 19, 2000, and will probably be decided
in June.
Links:
The
Fourth Circuit's opinion (Emory)
The
Solicitor General's brief
Dickerson's
brief
Paul Cassell's Web
page
Amicus Briefs Supporting Affirmance:
Paul
Cassell
Criminal
Justice Legal Foundation
Senator
Hatch, et al.
South
Carolina and 16 other states
Bipartisan Legal Advisory Group, U.S. House of Representatives
William Barr and Edwin Meese
Maricopa
County Attorney
National
District Attorneys' Association
FBI
Agents' Association
National
Association of Police Organizations
Fraternal
Order of Police
Americans
for Effective Law Enforcement
Center
for the Community Interest
Arizona Voices for Victims
Citizens for Law and Order
Manning & Marder, Kass, Ellrod, Ramirez
Amicus Briefs Supporting Reversal:
American
Civil Liberties Union
Griffin B. Bell, et al.
Benjamin R. Civiletti
House Democratic Leadership
National Association of Criminal Defense Lawyers
Rutherford Institute
National Legal Aid and Defenders Association
Text of 18 U.S.C. § 3501:
Sec. 3501. Admissibility of confessions
(a) In any criminal prosecution
brought by the United States or
by the District of Columbia, a confession, as
defined in subsection
(e) hereof, shall be admissible in evidence if
it is voluntarily
given. Before such confession is received
in evidence, the trial
judge shall, out of the presence of the jury,
determine any issue
as to voluntariness. If the trial judge
determines that the
confession was voluntarily made it shall be admitted
in evidence
and the trial judge shall permit the jury to
hear relevant evidence
on the issue of voluntariness and shall instruct
the jury to give
such weight to the confession as the jury feels
it deserves under
all the circumstances.
(b) The trial judge in determining
the issue of voluntariness
shall take into consideration all the circumstances
surrounding the
giving of the confession, including (1) the time
elapsing between
arrest and arraignment of the defendant making
the confession, if
it was made after arrest and before arraignment,
(2) whether such
defendant knew the nature of the offense with
which he was charged
or of which he was suspected at the time of making
the confession,
(3) whether or not such defendant was advised
or knew that he was
not required to make any statement and that any
such statement
could be used against him, (4) whether or not
such defendant had
been advised prior to questioning of his right
to the assistance of
counsel; and (5) whether or not such defendant
was without the
assistance of counsel when questioned and when
giving such
confession.
The presence or absence of any of
the above-mentioned factors to
be taken into consideration by the judge need
not be conclusive on
the issue of voluntariness of the confession.
(c) In any criminal prosecution by
the United States or by the
District of Columbia, a confession made or given
by a person who is
a defendant therein, while such person was under
arrest or other
detention in the custody of any law-enforcement
officer or
law-enforcement agency, shall not be inadmissible
solely because of
delay in bringing such person before a magistrate
or other officer
empowered to commit persons charged with offenses
against the laws
of the United States or of the District of Columbia
if such
confession is found by the trial judge to have
been made
voluntarily and if the weight to be given the
confession is left to
the jury and if such confession was made or given
by such person
within six hours immediately following his arrest
or other
detention: Provided, That the time limitation
contained in this
subsection shall not apply in any case in which
the delay in
bringing such person before such magistrate or
other officer beyond
such six-hour period is found by the trial judge
to be reasonable
considering the means of transportation and the
distance to be
traveled to the nearest available such magistrate
or other officer.
(d) Nothing contained in this section
shall bar the admission in
evidence of any confession made or given voluntarily
by any person
to any other person without interrogation by
anyone, or at any time
at which the person who made or gave such confession
was not under
arrest or other detention.
(e) As used in this section, the
term ''confession'' means any
confession of guilt of any criminal offense or
any
self-incriminating statement made or given orally
or in writing.
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