Topic: Rights of the Accused

GSA Executive Takes Fifth Amendment

The regional executive for the Western Regions Conference's chair was empty for the rest of the hearing after he invoked his privilege against self-incrimination.

Encrypt your computer, get out of jail free? Not quite.

An appeals court ruled last week that in certain cases, handing over the password to an encrypted hard drive is a form of giving testimony, and is protected under the Fifth Amendment. But that doesn't mean criminals can use password protection to hide evidence -- decryption is only protected if prosecutors don't know what's on the drive.

Can silence before an arrest be used at trial? Supreme Court refuses case.

The appeal had asked the Supreme Court to examine whether the Fifth Amendment right against self-incrimination bars a prosecutor's use of a defendant's pre-arrest silence as evidence of guilt.

'Honor killings' in Canada: 5 responses to the Shafia verdict

Here are five opinions and editorials published in Canadian news outlets after the guilty verdict, which carried a sentence of life in prison with no parole for 25 years.

Four ways to relieve overcrowded prisons

America’s  addiction to incarceration as a curb on crime must end. The evidence is staggering. Prison overcrowding is ubiquitous and shows few signs of abating: Between 1970 and 2005, the nation’s inmate population grew by 700 percent.

In California, 54 prisoners may share a single toilet and 200 prisoners may live in a single gymnasium. As a result, the Supreme Court ruled in May 2011 that California prisons were in violation of the Eighth Amendment and its prohibition against cruel and unusual punishment. Here, attorney Arjun Sethi offers four solutions to improve the overcrowded US prison system.

US must honor its commitment to Iraqi and other refugees

US asylum seekers and immigrants are allowed access to legal counsel, but refugees are not. Allowing legal advocates to assist refugees would improve the refugee resettlement process immediately and tangibly – for both refugees and US officials.

Strauss-Kahn case: 4 ways French and American law differ

International Monetary Fund chief and Frenchman Dominique Strauss-Kahn's arrest underscores how differently France and the United States view privacy and sexual assault. Here's a look at where the countries’ legal systems clash as they pertain to Mr. Strauss-Kahn’s case.

Supreme Court: Can death row inmate force state to do more DNA testing?

The Supreme Court agreed to take the case of a man on Texas' death row. He wants the state to do DNA tests on other, untested evidence he says would prove his innocence. A victory would make it easier for convicted criminals to continue to fight convictions.

Miranda warning rights trimmed bit by bit by high court

Miranda warning rights have been turned 'upside down,' according to Justice Sonia Sotomayor

If Joran van der Sloot confession inadmissable, will he walk?

Joran van der Sloot's lawyer is trying to get his confession of murder thrown out. Van der Sloot says he was tricked into giving a confession by Peru's police. But Peruvian legal experts say the confession is likely to stand.

Supreme Court relaxes Miranda rights

In a narrowly split decision, the Supreme Court's conservative majority expanded its limits on the famous Miranda rights for criminal suspects on Tuesday. Now, criminal suspects who want to remain silent must say so.

Supreme Court: Suspects must assert Miranda right to remain silent

The Supreme Court ruled Tuesday that criminal suspects must clearly state that they don't want to talk with police to exercise their Miranda rights. Silence during interrogation is not enough.

Miranda rights and alleged Times Square bomber: questions linger

Faisal Shahzad was read his Miranda rights on Tuesday, say US officials, who declined to say exactly when. The alleged Times Square bomber has continued talking to investigators after advised of his right to remain silent and to have an attorney present, they say.

Supreme Court lets stand ruling in self-incrimination case

The Supreme Court Monday declined to take a case that explored when police interrogations violate the Fifth Amendment right against self-incrimination.

Supreme Court: Police can ad-lib Miranda warnings

Police officers do not have to use exact wording when delivering Miranda warnings to criminal suspects, the Supreme Court ruled Tuesday in a 7-to-2 decision.

Holder letter: why we read Christmas Day bomber his rights

In a letter to Republican Sen. Mitch McConnell, Attorney General Eric Holder defended his decision to treat the Christmas Day bomber as a criminal defendant, not an enemy combatant.

Court sets new rules for legal challenges at Guantánamo

A federal appeals court in Washington ruled against a cook who worked for an Al Qaeda-linked group and was challenging the legality of his detention. The ruling clarified the ground rules for future habeas corpus cases brought by Guantánamo detainees.

Guantanamo detainees on US soil: a legal minefield

President Obama wants to house some Guantanamo detainees in an Illinois prison. But bringing the detainess to the US will likely broaden their legal rights. 'How much?' is the unanswered question.

Police interrogation: Do you know your lawyer can be present?

Police interrogation: Do you know your lawyer can be present?

The US Supreme Court is considering a Florida case in which the defendant – and Florida courts – said he hadn’t been adequately informed that his lawyer could be present.

Supreme Court to hear appeal of Uighurs still at Guantánamo

The Supreme Court Tuesday agreed to hear the case of Uighur detainees remaining at the Guantánamo prison camp. Their release into the US has been blocked by the White House and Congress.

Gentlemen: their uses and abuses

The arrest of Henry Louis Gates Jr. provides an occasion for our columnist to check in on how an upmarket term for 'man' is faring in the language.

Terror suspects held in Afghanistan may challenge their detention

A federal judge applies the same principles as the Supreme Court ordered at Guantánamo, which presents a challenge to the Obama administration.

Supreme Court lets stand death sentence after Bible reading

A death-row inmate claimed the jury foreman violated his fair-trial rights by reading out loud from Romans.

Guantánamo Detainees: shorter wait?

Last month's Supreme Court ruling sets new rules for judges examining habeas corpus challenges from detainees.