News Release

In Boston Case, Miranda Exception Condemned

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VINCENT WARREN, via Jen Nessel, JNessel at ccrjustice.org, @VinceWarren
The Center for Constitutional Rights released a statement from Warren over the weekend: “Our thoughts go out to the friends and families of victims ofthese horrific bombings. While it is difficult to turn to points of law in times of tragedy, those are, in fact, the times we most need to cling to the values, laws and rights that make us who we are as a nation.

“The Miranda warnings were put in place because police officers were beating and torturing ‘confessions’ out of people who hadn’t even been formally accused of a crime. We cannot afford to repeat our mistakes. If officials require suspects to incriminate themselves, they are making fair trials and due process merely an option and not a requirement. To venture down that road again will make law enforcement accountable to no one.

“Like Obama’s expanded killing program and his perpetuation of indefinite detention without trial at Guantanamo, this is yet another erosion of the Constitution to lay directly at the President’s feet. Obama’s Justice Department unilaterally expanded the ‘public safety exception’ to Miranda in 2010 beyond anything the Supreme Court ever authorized. Each time the administration uses this exception, it stretches wider and longer. However horrific the crime, continuing to erode constitutional rights invites continued abuse by law enforcement, and walks us down a dangerous path that becomes nearly impossible to reverse.”

For background, see: “What rights should Dzhokhar Tsarnaev get and why does it matter?