Legal Commentary

Federalist Society Debate about Miranda and Questioning Suspected Terrorists

By Paul Cassell

 Professor Guiora (a colleague of mine at Utah) and I recently debate the appropriateness of Miranda warnings in the context of terrorism investigations.  Here?s a link to the Federalist Society?s podcast of the debate, which revolves around whether or not the ?public safety? exception to Miranda  should apply in the context of questioning suspected terrorists.  I argue that, under current doctrine, the exception easily applies; Professor Guiora argues that using the exception would put us on a slippery slope, sliding toward the destruction of civil liberties.

Full post as published by The Volokh Conspiracy on February 09, 2011 (boomark / email).