Interrogating Terrorists: From Miranda Warnings to "Enhanced Interrogation Techniques"

Authors

Ronald J. Rychlak

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Symposium Article

Abstract

An American citizen arrested within the United States would certainly have the right not to incriminate himself. A foreign national arrested outside of the U.S. would presumably not be protected. Other scenarios present more difficult issues. American courts, therefore, have to determine whether the Fifth Amendment's privilege against self-incrimination applies to non-American citizens, and whether an American police or military agent conducting an investigation abroad must provide some type of warnings before conducting an interrogation. The initial question would seem to be whether terrorist suspects are even entitled to the right protected by Miranda - the right not to incriminate themselves.

Recommended Citation

Ronald J. Rychlak, Interrogating Terrorists: From Miranda Warnings to "Enhanced Interrogation Techniques", 44 San Diego L. Rev. 451 (2007).
Available at: https://digital.sandiego.edu/sdlr/vol44/iss3/5