Post by Logan on Jun 22, 2016 15:30:49 GMT -6
WASHINGTON — It was 50 years ago this week that the Supreme Court handed down its decision in Miranda v. Arizona that made the now-familiar Miranda warning — “you have the right to remain silent” — the law of the land.
But not all the land.
Police on tribal lands are not required to give Miranda warnings in many cases, although they can give the warning and many said they do, either out of habit or because their own tribe’s law requires it.
But tribal law experts said that not only is the warning not required, it’s often not necessary in the context of the tribal justice system which they said is a less-adversarial system than state and federal courts.
“Tribal courts don’t need Miranda, tribal police don’t need Miranda, because Miranda is there to protect the people from the police and I don’t see that’s what’s happening in tribes,” said Melissa Tatum, a University of Arizona law professor who works with tribal law.
Read more: www.trivalleycentral.com/trivalley_dispatch/news/miranda-rights-not-the-law-of-the-land-on-tribal/article_6d37aad4-37da-11e6-9de7-17754a6f1209.html
The law professor has an interesting interpretation, but when she uses the language of "tribal police" it nullifies the rest of her statement about protecting people from the police. Read the Miranda warning, it is discriminatory not to do so.
But not all the land.
Police on tribal lands are not required to give Miranda warnings in many cases, although they can give the warning and many said they do, either out of habit or because their own tribe’s law requires it.
But tribal law experts said that not only is the warning not required, it’s often not necessary in the context of the tribal justice system which they said is a less-adversarial system than state and federal courts.
“Tribal courts don’t need Miranda, tribal police don’t need Miranda, because Miranda is there to protect the people from the police and I don’t see that’s what’s happening in tribes,” said Melissa Tatum, a University of Arizona law professor who works with tribal law.
Read more: www.trivalleycentral.com/trivalley_dispatch/news/miranda-rights-not-the-law-of-the-land-on-tribal/article_6d37aad4-37da-11e6-9de7-17754a6f1209.html
The law professor has an interesting interpretation, but when she uses the language of "tribal police" it nullifies the rest of her statement about protecting people from the police. Read the Miranda warning, it is discriminatory not to do so.