Pubdate: Tue, 2 Nov 1999
Source: Los Angeles Times (CA)
Copyright: 1999 Los Angeles Times
Contact:  Times Mirror Square, Los Angeles, CA 90053
Fax: (213) 237-4712
Website: http://www.latimes.com/
Forum: http://www.latimes.com/home/discuss/

MIRANDA WARNING IMPREGNABLE TO FEDERAL LAW, HIGH COURT TOLD

WASHINGTON--A federal law that limits the Supreme Court's famous Miranda
decision and makes it easier to use criminal suspects' confessions against
them cannot lawfully be enforced, the Clinton administration argued Monday.
In a written brief filed with the Supreme Court, Justice Department lawyers
said the 1966 Miranda decision "is of constitutional dimension" and "cannot
be superseded merely by legislation."

The so-called Miranda warnings are familiar to generations of Americans who
have viewed countless arrests in movies and on TV: "You have the right to
remain silent. Anything you say may be used against you." Police have been
giving the warnings before questioning suspects ever since the ruling in
Miranda vs. Arizona said they had to. A law passed after the 1966 decision
essentially reversed it, but the law long has been ignored by the Justice
Department and, until recently, by the courts.

Civil libertarians say the warnings protect individuals' rights, but some
critics say the requirement that police give the warnings exacts a heavy
toll, seriously harming public safety.

In an unusual move, Atty. Gen. Janet Reno joined other Justice Department
officials in signing Monday's brief.

The Supreme Court has not said whether it will review a case in which a
Maryland man's bank-robbery conviction raises an important question about
the Miranda ruling's future vitality. The case is Dickerson vs. U.S., 99-5525.

- ---
MAP posted-by: Jo-D