Yep,can't you just see our High Court interpreting "the evolving standards of decency" to (1) abolish Miranda and (2) permit comments on the defendant's failure to testify (as in the UK)?!!!
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010
Last summer, I watched about an hour of oral argument in the UK Supreme Court on the right to counsel. Interesting things about it included: (1) there were about 20 lawyers at the counsel tables; (2) it went on and on (I think it took 2 days) (3) the judges were in regular suits and seemed much more casual than even our local appellate courts; (4) lots of references to American law and phrases like "fruit of the poison tree."
I think the ruling is expected next week, but the European Court has apparently already ruledthere is a right to counsel in interrogation.
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001