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17. The application of Miranda to terrorism suspects:
is an unsettled legal matter and is still controversial.
is a matter that has been resolved, and there is agreement that terrorism suspects must always be Mirandized
before they are subject to custodial interrogation.
is a matter on which the U.S. Attorney General has publicly refused to take a position.
is a decision that rests with the discretion of law enforcement agents, according to the U.S. Attorney General.
Miranda v. Arizona and Terrorism Suspects
CRPR.SAMA.18.15.07 – Understand the controversy over Miranda warnings for persons
detained on suspicion of terrorist acts. Know that the U.S. Department of Justice has both
reaffirmed its commitment to the Miranda rule and encouraged agents to interpret the public
safety exception broadly in terror cases.
18. Military commissions:
follow all the same procedures and rules as Article III courts.
have jurisdiction over both citizens and non-citizens.
operate under relaxed rules of procedure and proof, as compared to Article III courts.
can also try members of the U.S. armed forces if they violate the Uniform Code of Military Justice.
Trying Terrorism Defendants
CRPR.SAMA.18.15.09 – Know the two different views of terrorism and understand the
strengths and weaknesses of each to prosecute people who have committed terroristic acts.
19. According to rules issued by the Department of Defense in 2010 governing military commission proceedings:
evidence derived from statements obtained by cruel, inhumane, and degrading treatment can never be used.
evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used in certain
circumstances.
evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used if its use
would otherwise be consistent with the interests of justice.
evidence can be used only if it can also be used in federal courts.
Trying Terrorism Defendants