Updated April 19, 2000, 9:45 a.m. ET
Supreme Court to decide whether Miranda warning still necessary
WASHINGTON (AP) The Supreme Court today considered the future
of Miranda warnings given by police words Justice Stephen G.
Breyer said "probably 2 billion people throughout the world know."
Ideological differences among the justices were on display as
they worked toward deciding whether police must continue warning
criminal suspects about their right against self-incrimination
before questioning them, warnings that typically begin with "You
have the right to remain silent."
Such warnings have been required ever since the Supreme Court's
landmark 1966 decision in Miranda vs. Arizona, but a federal
appeals court ruling last year threw Miranda's future into doubt.
The 4th U.S. Circuit Court of Appeals said Congress effectively
overturned Miranda when it enacted a 1968 law.
During today's hour-long argument session, Chief Justice William
H. Rehnquist and Justice Antonin Scalia repeatedly challenged the
idea that Miranda warnings are constitutionally required. If not,
failure to give them would not require automatic exclusion of
incriminating statements as trial evidence.
But Breyer and Justices David H. Souter, Ruth Bader Ginsburg and
John Paul Stevens resisted attempts to disparage the 34-year-old
ruling, which Breyer called "a hallmark of American justice."
Justice Clarence Thomas, who remained silent, often votes with
Rehnquist and Scalia in criminal justice cases. If so, the court's
decision, expected by late June, will hinge on the votes of
Justices Sandra Day O'Connor and Anthony M. Kennedy.
Both voiced concerns about the 1968 federal law, known as
Section 3501, but their questions and comments did not appear to
provide a sound basis for predicting their votes.
"It is this court that will ultimately decide whether the
Constitution is satisfied" by the law Congress passed in reaction
to the Miranda ruling, Solicitor General Seth Waxman told the justices.
Waxman, the Clinton administration's highest-ranking courtroom
lawyer, urged the justices to strike down the federal law because
"the case has not been made to overrule Miranda vs. Arizona."
But University of Utah law professor Paul Cassell argued that
the Miranda ruling offered temporary guidelines only. "We now have
appropriate congressional action," he said in urging the court to
rule that Section 3501 satisfactory protects criminal suspects' rights.
The long-ignored federal law was thrust into prominence last
year when a federal appeals court invoked it in the case of a
Maryland man accused of robbing banks in Maryland and Virginia.
Charles Dickerson of Takoma Park, Md., reportedly made several
incriminating statements to FBI agents after being arrested and
charged with seven bank robberies. He says he did not receive a
proper Miranda warning.
Neither Dickerson nor the federal prosecutors who had opposed
his appeal to the 4th Circuit court focused on the 1968 law. But
Cassell, representing the conservative Washington Legal Foundation
as a friend of the court, sought to revive the dormant Section
3501. He won before the 4th Circuit court, spurring Dickerson's
Supreme Court appeal.
The court, far more liberal 34 years ago than it is today,
sought to remedy "inherently coercive" interrogations by creating
bright-line guidelines in its Miranda ruling. Courts previously had
used a "totality-of-the-circumstances test" to determine whether
a confession or incriminating statement had been given to police voluntarily.
Section 3501 returns the law to pre-Miranda days, stating "the
presence or absence" of any factor such as a Miranda warning
"need not be conclusive on the issue of voluntariness."
The justices have received plenty of unsolicited advice in the
form of friend-of-the-court briefs.
Among those arguing for the Miranda ruling's continued vitality
are the American Civil Liberties Union, the National Association of
Criminal Defense Lawyers and the House Democratic leadership.
Among those urging the court to uphold the appeals court's
ruling are the National District Attorneys Association, the
National Association of Police Organizations and 10 Republican senators.
Also siding with Cassell are 17 states: Alabama, Alaska,
Colorado, Delaware, Florida, Hawaii, Idaho, Kansas, Mississippi,
Nebraska, Nevada, Pennsylvania, South Carolina, South Dakota,
Tennessee, Utah and Virginia.
The case is Dickerson vs. U.S., 99-5525.
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