Anticipated Supreme Court Decisions

I realize that this news may not excite many of you, but Supreme Court watchers are keeping a close eye on anticipated rulings in several important criminal cases.

I. "Honest Services" Mail Fraud:

For instance, former Enron CEO Jeff Skilling is awaiting a ruling from the Court concerning his appellate issue about "honest services" mail fraud. The issue concerns whether or not this statute is too vague, along with questions about whether federal prosecutors are using the federal statute in inappropriate ways to go after alleged crooked politicians and business people.

II. Appeals Involving Miranda Warnings:

In addition, the Supreme Court is expected to rule in a couple of appeals concerning whether or not the police improperly used or gave the Miranda warnings. In one case, the Court will decide whether officers can interview a suspect who has indicated that he understood his rights, but hasn't invoked them. In another appeal, the Court will decide whether an invocation by a suspect of his right to counsel can expire. The Court always seems to have an interest in making sure the police properly advise arrested suspects of their Constitutional rights.

So, have I piqued your interest in what the Supreme Court may decide in these criminal cases? Aren't you just filled with anticipation?!

"Lawyering Up:" A Practical Guide on What to Do and Say If You Are Arrested!

"Each of us is a center of the Universe. And that Universe is shattered when they hiss at you: 'You are under arrest!' " (Alexander Solzhenitsen)

You might wonder why does this blog post begin with a quote from (and photograph of) the late Soviet dissident and Nobel Prize-winning author, Alexander Solzhenitsen. It is because, in my opinion, no one else has ever written more forcefully or eloquently about what is like to be arrested and imprisoned in one of the worst judicial and prison systems in world history.

Maybe you live in the center of your own universe. Hopefully, you live worry-free in a free society. But have you ever wondered how you would react if you were arrested by police for a crime you did not commit? Please understand that, while I wouldn't want to worry anyone, and although it probably will never happen to you, it could happen and, if it does happen, you should know how to react. If you live in the United States, here are a few important Constitutional rights for you to consider in deciding how you would react to a false arrest:

In Miranda v. Arizona, the Supreme Court recognized that, if you are arrested, it will be a very stressful situation and a coercive environment with the police attempting to obtain a confession. As a result, the Court fashioned the so-called Miranda rights which the police are required to advise to anyone who is: (a) in police custody, and (b) who is being interrogated. Everyone knows about these rights, including that "you have the right to remain silent...and the right to the presence of an attorney...." But do you understand how to invoke your rights and make the interrogation stop?

The important point here is that, if you are ever arrested, rightly or wrongly, all you must do, in order to invoke your Constitutional rights and "buy some time," is to "lawyer up" by simply asking the police for a lawyer, and/or telling them you choose to exercise your right to remain silent. The interrogation should stop. (And you should stop talking, too!) Then, after the interrogation has stopped, you can consult with an experienced criminal defense attorney before deciding how to proceed.

Every situation is different and you alone must decide how to handle it. But if you want to know how, as a practical matter, to make the police interrogation stop until you can exercise your Constitutional right to consult with a lawyer, then I hope this post has helped! We are fortunate to have these rights in this country. Sadly, many arrested people throughout the world, including Solzhenitsen, have had no protection of their fundamental rights.

The New Guidelines for Advisement of Rights to Terrorists?

[SEE BLOG ENTRY ABOVE FOR AN INTRODUCTION TO THIS FICTIONAL, SATIRICAL ACCOUNT ABOUT NEW RULES FOR INTERROGATING TERRORISTS!]

New U.S. Army/FBI/CIA Agent Field Manual:
Sec. 9-11 (Revised): INTERROGATION OF CAPTURED TERRORISTS ON THE BATTLEFIELD: THE NEW REQUIRED ADVISEMENT OF RIGHTS TO DEFENDANTS / TERRORISTS:

[First Note to Interrogating Agent: Identify yourself to your defendant/guest and remember: A big smile works better than water boarding any day! Next, proceed with the following advisement of rights.]:

1. Mr. [Defendant/Guest’s name]: First of all, please allow me to apologize to you for interrupting your pursuit of martyrdom here on the battlefield against our American soldiers.

2. And, Sir, if you don’t mind, please also allow me now to advise you of your Constitutional rights—And please understand you will be treated better and given greater rights than those afforded to any American citizen.

[Second Note to Interviewing Agent: Please also remember to ask the defendant/guest if he is comfortable…and please don’t forget to smile!]

3. Let me also advise you that our government apologizes for all our past administration’s sins and transgressions against you and your people in the former “war on terrorism”—now, if you don’t mind, we just want to sit and talk with you, and we apologize to you for not being more sensitive to your needs and your desire to kill us and to accomplish your most holy jihad against our country;

4. Please be further advised that you have the right to remain silent, and even if you possess valuable information about future terrorist attacks against us which may cost thousands of innocent American lives, we promise we won’t touch you, or do anything else about it;

5. You also have the right to have a free team of attorneys present, to represent you, and to sue me, or sue our government, if I touch you, or if you otherwise don’t get your way;

6. You further have the right not to have anything you say used against you, in a court of law, but instead, you have the right to use anything I say or do against me in my own prosecution by my own government, now, or in the future, if and when they change the rules again;

7. In short, please understand you have the right to a fair trial and to be treated like an American citizen, with full Constitutional rights, and not as a prisoner of war, nor as the dirty, low-life, God-forsaken, good-for-nothing, scumbag terrorist that some other uninformed people might think you are;

8. And please let me also advise you not to worry about Gitmo, that big, bad prison your fellow terrorists may have told you about, because it is being shut down. Instead, you have the right to request assignment to any cushy U.S. federal prison of your choice; that is, until your inevitable release and free trip back to any terrorist nation, training camp, or battlefield of your choice;

9. In the alternative, if you prefer, you have the right to be released inside the U.S. to any target location of your choice, and there you will be treated to free room and board, (at U.S. taxpayer’s expense), along with free universal health care, of course; and

10. Finally, Sir, please review the special kosher menu before you and make your meal selections while you consider all your rights and choices—and, if you don’t mind, we’d also like for you to take this short survey on how you feel we have treated you! Have a nice day!

[Final Note to Interviewing Agent: You may also elect to offer the defendant/guest an opportunity to save us all a lot of time and trouble by simply letting himself out the back door….and don’t forget to remind him to take his firearms and suicide belt with him…and please also remember to thank your guest and smile at him, really, really big!]