Dr. Bruce Frumkin, forensic psychologist and expert in the areas of capacity to waive Miranda rights and false/coerced confessions, joins host Mark Satawa for Competency to Waive Miranda Rights and False/Coerced Confessions: The Use and Misuse of Expert Testimony

Brief of Amici Curiae the American Civil Liberties Union of Colorado and the National Association of Criminal Defense Lawyers in Support of Petitioner

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief of the National Association of Criminal Defense Lawyers and Due Process Institute as Amici Curiae in Support of Respondent.

We write to express our concern about your recent call to restrict the constitutional rights of individuals in the United States suspected of terrorist activity by seeking to codify or expand the “public safety exception” to Miranda v. Arizona. Current law provides ample flexibility to protect the public against imminent terrorist threats while still permitting the use of statements made by the accused in a criminal prosecution. Weakening Miranda would undercut our fundamental Fifth Amendment rights for no perceptible gain.

Freedom of Information Act request: NACDL and the Brennan Center for Justice at New York University School of Law seek Department of Justice records concerning guidance on use of the “public safety exception” to Miranda v. Arizona in terrorism or national security investigations.

Groups Call for Release of Secret Government Guidance on Miranda Exception -- Washington, DC (Feb. 22, 2011) – The National Association of Criminal Defense Lawyers (NACDL) and the Brennan Center for Justice at New York University School of Law today submitted an expedited request to the Department of Justice under the Freedom of Information Act (FOIA) seeking all “legal memoranda, procedures, policies, directives, guidelines, and other guidance[,]” since Dec. 25, 2009, “regarding use of the ‘public safety exception’ to Miranda v. Arizona...

Behind Closed Doors Thomas K. Maher, Christopher Fialko August/September 2000 53 The Fifth Amendment Is Alive and Well In United States v. Dickerson, 166 F.3d 667 (4th Cir. 1999), a divided panel of the Fourth Circuit held that 18 U.S.C. § 3501 effectively overruled the Supreme Court's decision i

The protections afforded by Miranda are meaningless if no one identifies when a defendant may have been incapable of rendering a voluntary and intelligent waiver of rights. The “professional neglect hypothesis” addresses situations in which attorneys and forensic practitioners fail to screen for Miranda issues. The authors specify cognitive impairment as one of the most prominent domains for potential Miranda-related impairment.

How effective are the Miranda warnings in protecting Miranda rights? (Cover Photographs: Earl Warren & William Douglas | Harris & Ewing Photography; Abe Fortas | Supreme Court Collection; Hugo Black & William Brennan | Library of Congress)

Court holds the district erred in admitting evidence of a prior conviction.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for rehearing en banc.

Amicus curiae brief of the National Association of Criminal Defense Lawyers and Texas Criminal Defense Lawyers Association in support of Petitioner.

Amicus curiae brief of the National Association of Criminal Defense Lawyers and the National Association of Federal Defenders.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of petitioner.