Wednesday, December 11, 2013
FeiFei Jiang has posted Dancing the 'Two-Step' Abroad: Finding a Place for Clean Team Evidence in Article III Courts (Columbia Journal of Law and Social Problems, Forthcoming) on SSRN. Here is the abstract:
There is little case law that discusses whether the government can use statements elicited from “two-step” interviews abroad after the defendant has been Mirandized, or whether all such evidence should be suppressed. The interplay of international investigations and domestic prosecutions implicates wider policy issues — in particular, the FBI’s interview techniques, how and where to prosecute terrorism suspects, and international cooperation in terrorist investigations. This Note discusses the boundaries of the “two-step” interrogation practice as an evidentiary issue in Article III courts, using the investigation and prosecution of Mohamed Ibrahim Ahmed as a case study around which to frame the analysis. The Note first explores current “clean team” practices in extraterritorial investigations, then analyzes the current state of U.S. law as to “two-step” interrogations and the admissibility of evidence, and finally situates the “two-step” practice within existing doctrine in order to argue that the “clean team” tactic in extraterritorial terrorism investigations holds a particular place within the current state of Miranda jurisprudence.