Thursday, October 10, 2013
Joanna Wright has posted Applying Miranda’s Public Safety Exception to Dzhokhar Tsarnaev: Restricting Criminal Procedure Rights by Expanding Judicial Exceptions (Columbia Law Review Sidebar, Vol. 113, p. 136, September 2013) on SSRN. Here is the abstract:
While Dzhokhar Tsarnaev, the only surviving suspect in the April 15, 2013, Boston Marathon Bombing, was unconscious in the hospital after his arrest, the media vigorously debated his constitutional rights, specifically whether or not the FBI should Mirandize him or if it should invoke the public safety exception (PSE) to Miranda. The original application of the PSE would not permit the admission of Tsarnaev’s un-Mirandized testimony, but the expanded and evolved PSE that currently exists almost certainly can and will adapt to justify its admission. Using this situation as a backdrop, this Essay explores both the expansion of judicially created exceptions to criminal procedure rights and legislation eliminating criminal procedure rights for certain groups of people or for all people in certain situations.