Miranda warnings: this Court’s precedents do not
clearly establish the categorical rule on which the Sixth Circuit relied. The
Court has repeatedly declined to adopt any such rule. See, e.g., Illinois
v. Perkins, 496 U. S. 292. The Sixth Circuit misread Mathis, which
simply held, as relevant here, that a prisoner who otherwise meets the
requirements for Miranda custody is not taken outside the scope of Miranda
because he was incarcerated for an unconnected offense. It did not hold
that imprisonment alone constitutes Miranda custody. Nor does the
statement in Maryland v. Shatzer, 559 U. S. ___, ___, that “no
one questions that inmate Shatzer was in custody for Miranda purposes”
support a per se rule. It means only that the issue of custody was not
contested in that case. Finally, contrary to respondent’s suggestion, Miranda
itself did not hold that the inherently compelling pressures of custodial
interrogation are always present when a prisoner is taken aside and questioned
about events outside the prison walls; the Sixth Circuit’s categorical
rule—that imprisonment, questioning in private, and questioning about events
in the outside world create a custodial situation for Miranda purposes—is
simply wrong; the initial step in determining whether a person is in Miranda
custody is to ascertain, given “all of the circumstances surrounding the
interrogation,” how a suspect would have gauged his freedom of movement. Stansbury
v. California, 511 U. S. 318, 322, 325. However, not all
restraints on freedom of movement amount to Miranda custody. See, e.g.,
Berkemer v. McCarty, 468 U. S. 420, 423. Shatzer, distinguishing
between restraints on freedom of movement and Miranda custody, held
that a break in Miranda custody between a suspect’s invocation of the
right to counsel and the initiation of subsequent questioning may occur while
a suspect is serving an uninterrupted term of imprisonment. If a break in
custody can occur, it must follow that imprisonment alone is not enough to
create a custodial situation within the meaning of Miranda. At least
three strong grounds support this conclusion: questioning a person who is
already in prison does not generally involve the shock that very often accompanies
arrest; a prisoner is unlikely to be lured into speaking by a longing for
prompt release; and a prisoner knows that his questioners probably lack
authority to affect the duration of his sentence. Thus, service of a prison
term, without more, is not enough to constitute Miranda custody; the
other two elements in the Sixth Circuit’s rule are likewise insufficient.
Taking a prisoner aside for questioning may necessitate some additional
limitations on the prisoner’s freedom of movement, but it does not necessarily
convert a noncustodial situation into Miranda custody. Isolation may
contribute to a coercive atmosphere when a nonprisoner is questioned, but
questioning a prisoner in private does not generally remove him from a
supportive atmosphere and may be in his best interest. Neither does questioning
a prisoner about criminal activity outside the prison have a significantly
greater potential for coercion than questioning under otherwise identical circumstances
about criminal activity within the prison walls. The coercive pressure that Miranda
guards against is neither mitigated nor magnified by the location of the
conduct about which questions are asked (U.S.S.Ct., 21.02.12, Howes v. Fields,
J. Alito).
Showing posts with label Freedom of movement. Show all posts
Showing posts with label Freedom of movement. Show all posts
Tuesday, February 21, 2012
Howes v. Fields
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