Over at CrimProf Blog, Don Dripps and Yale Kamisar have a post up about a Miranda case that will be argued on Monday, the first day of the new Term, Maryland v. Shatzer. I agree with Don and Yale that the Court is very likely to rule for the government, given the facts of the case; the real question is how broadly and on what ground.
Incidentally, a few years back I speculated that if blogging had been around in the Warren Court era, Yale Kamisar would have an Interrogation Law & Policy blog that would have been invaluable to the courts of the 1960s. Kudos to Yale for jumping into the blogging fray at CrimProf blog.
Steve says:
One day in Ann Arbor, someone was giving Michigan quarterback Todd Collins a tour of the law school. The tour guide spotted Professor Kamisar walking by, and since everyone knows Kamisar is a huge fan of Michigan football, he thought this would be a good opportunity to make an introduction.
Some people on the Ann Arbor campus undoubtedly would have been a bit star-struck in Professor Kamisar’s shoes. Others might have given the QB a hearty handshake and wished him good luck the following Saturday. But Professor Kamisar chose a different path. Literally grabbing Collins by the shirt collar, Kamisar pulled his face down to his own and bellowed, “You’ve got to throw more screen passes!!! Tell the coaches to call more screen passes, they always go for big yardage!!!” Truly one of a kind.
September 30, 2009, 9:42 pmDave N says:
I just know, as a criminal prosecutor, that if I were ever arrested or even read my Miranda rights, the first words out of my mouth would be, “I want to speak with a lawyer” (if I am being Mirandized, the cops are not my friends, even if I am completely innocent).
Likewise, when I am helping teach Miranda to new cops, I tell them my simple rule is this: “If you are NOT the case officer or have been told to do so by the case officer, DO NOT, under any circumstances, give Miranda warnings. Not ever. I don’t care what you see on TV.”
Overall, I agree that Shatzer will hold that Miranda warnings don’t last forever–but I am betting the Court leaves for another day the more difficult question of how short of a period qualifies as a break for Shatzer purposes.
September 30, 2009, 10:16 pmConnecticut Lawyer says:
I took crim pro with Yale a while back … he was a great
October 1, 2009, 9:56 amlaw professor. His response to most student arguments in
class was “so what?” – he pushed students very hard, very old
school.
I was told recently (by an Assistant Dean at Michigan) that
the younger faculty is more old school, much to my surprise.
That is, they push students in class and grade on a tough
curve. I guess there is hope for the world.
Dan says:
Prof. Kamisar was one of my favorite professors. He basically embodies what a law professor should be. I bet if we ranked law professors’ scholarship based on real-world impact, he easily be in the top five professors alive today.
October 1, 2009, 10:28 amzippypinhead says:
Glad to see Professor Kamisar is still fighting the good fight! I (like at least one of the regular Conspirators) learned Crim. Law and Constitutional Criminal Procedure from him back in his prime. In those days, he was the sort of professor you either loved or hated. I fell into the former category. Often your reaction to Kamisar depended on whether you could parse his classroom theatrics for the priceless nuggets of wisdom scattered in among the yelling. If you were looking for elegant implementation of the classic Socratic Method, it was best to avoid his classes (for that I would have recommended Ted St. Antoine), but frankly, sparring with Kamisar in class was outstanding preparation for the sort of impatient judicial reaction to oral argument that litigators face on motions day in any trial court, and more than a few appellate courts.
On the substance: The ultimate holding in Shatzer is probably not in doubt, given the rather extreme facts (almost 3-year break in interrogation, and an investigation that closed and was later re-opened). The interesting question in my mind is whether the basic Edwards/Minnick prophylictic rule on interrogation following invocation and exercise of a suspect’s right to counsel is going to entirely get tossed overboard. Stay tuned…
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December 2, 2009, 9:35 pm