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Salinas v. Texas - Post-Decision SCOTUScast

SCOTUScast 7-2-13 featuring Kent Scheidegger
Kent S. Scheidegger July 02, 2013

Kent S. ScheideggerOn June 17, 2013, the Supreme Court announced its decision in Salinas v. Texas.  This case considered whether, when a suspect is silent in response to a single question during a voluntary interview with police before he has been arrested or read his Miranda rights, use of that silence at trial violates the Self-Incrimination Clause of the Fifth Amendment.

By a vote of 5-4 the Supreme Court affirmed the judgment of the lower court denying petitioner’s Fifth Amendment claim, but without a majority opinion. Justice Alito announced the judgment of the Court and delivered an opinion joined by Chief Justice Roberts and Justice Kennedy.  Justice Thomas filed an opinion concurring in the judgment, which was joined by Justice Scalia.  Justice Breyer filed a dissenting opinion which was joined by Justices Ginsburg, Sotomayor, and Kagan.

To discuss the case, we have Kent Scheidegger, who is the Legal Director of the Criminal Justice Legal Foundation.

[Listen now!]

The Boston Terrorist Attack and Strategic Intelligence - Podcast

International & National Security Law Practice Group
Andrew C. McCarthy, Dean A. Reuter May 07, 2013

The Boston Terrorist Attack and Strategic Intelligence - PodcastBecause the surviving Boston bomber, Dzhokhar Tsarnaev, is a U.S. citizen, trial before a military commission is not available under the Military Commissions Act. Indefinite detention as an enemy combatant was an option, but that appears to have been taken off the table by the Obama Administration. So the question is the extent and value of Miranda-free interrogation. Was Mr. Tsarnaev read his Miranda rights prematurely? And what should or could the FBI and the rest of the intelligence community have done in advance of the attack, if anything, to monitor or surveil the deceased suspect, Tamerlan Tsarnaev, in view of the request from Russia and the the elder Tsarnaev brother’s 2012 return trip?

Featuring:

  • Mr. Andrew C. McCarthy, Executive Director, Philadelphia Freedom Center and Contributing Editor, National Review
  • Moderator: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

[Listen now!]

Salinas v. Texas - Post-Argument SCOTUScast

SCOTUScast 4-22-13 featuring Kent Scheidegger
Kent S. Scheidegger April 22, 2013

Kent S. ScheideggerOn April 17, 2013, the Supreme Court heard oral argument in Salinas v. Texas.  This case considers whether, when a suspect is silent in response to a single question during a voluntary interview with police before he has been arrested or read his Miranda rights, use of that silence at trial violates the Self-Incrimination Clause of the Fifth Amendment.

To discuss the case, we have Kent Scheidegger, who is the Legal Director of the Criminal Justice Legal Foundation.

[Listen now!]

Howes v. Fields - Post-Decision SCOTUScast

SCOTUScast 03-08-12 featuring Mark Brnovich
Mark Brnovich March 08, 2012

SCOTUScastOn February 21, 2012, the Supreme Court announced its decision in Howes v. Fields.  The question in this case was whether a prisoner who was removed from the general prison population for the purpose of being questioned about outside events was “in custody” during his interrogation, and therefore entitled to Miranda warnings.

In an opinion delivered by Justice Alito, the Court held by a vote of 6-3 that, under the facts of this case, the prisoner was not “in custody” for Miranda purposes.  Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, and Kagan joined Justice Alito’s opinion.  Justice Ginsburg filed an opinion concurring in part and dissenting in part, which was joined by Justices Breyer and Sotomayor.

To discuss the case, we have Mark Brnovich, who is the Director of the Arizona Department of Gaming and a former federal and state prosecutor.