STATEMENT --- DECEMBER 19, 1996
BY CHARLES PORTZ,
Chairman, "NASA-13" Defense Committee Pro-Bono Attorney-At-LawIN 1966 THE MIRANDA COURT ISSUED A CLARION CALL FOR EMPIRICAL RESEARCH INTO WHAT GOES ON IN THESE SECRET POLICE INTERROGATIONS. UNTIL RECENTLY, AMERICAN SCHOLARS HAVE VIRTUALLY IGNORED OR AVOIDED STUDIES OF THIS SUBJECT; HOWEVER, DR. RICHARD A LEO OF THE UNIVERSITY OF COLORADO HAS RECENTLY PUBLISHED SOME RESEARCH ON THIS SUBJECT.
DR. LEO HAS FOUND THAT OVER 92% OF SUSPECTS WITH NO PRIOR CRIMINAL RECORDS HAVE MYSTERIOUSLY WAIVED THEIR RIGHT TO REMAIN SILENT AND THEIR RIGHT TO A LAWYER. NOW WE KNOW WHY THIS IS HAPPENING. IT NOW BECOMES CLEAR THAT THE MIRANDA RULE HAS BEEN TOTALLY INEFFECTIVE IN PROTECTING CITIZEN’S RIGHTS, BECAUSE OF THE USE, BY THE FEDERAL POLICE IN PARTICULAR, OF THE VERY COERCIVE AND PSYCHOLOGICALLY DAMAGING METHODS THEY WERE DESIGNED TO PREVENT.
IT IS TIME TO INSIST THAT ALL SUSPECTS EVERYWHERE HAVE AN ATTORNEY PRESENT BEFORE ANY INTERVIEWS OR QUESTIONING CAN BEGIN, EXCEPT IN RARE "SO-CALLED" EMERGENCY CASES, AND THAT ALL SUCH INTERVIEWS OR QUESTIONING MUST BE TAPE RECORDED AND MADE AVAILABLE TO THE COURT AND THE DEFENSE, IF THE 5TH AND 6TH AMENDMENT RIGHTS TO COUNSEL ARE TO BE PRESERVED FOR OUR GRANDCHILDREN, WE CAN ON LONGER TRUST THE DEPARTMENT OF JUSTICE TO POLICE THESE CONSTITUTIONAL SAFEGUARDS.