Accession Number:

ADA440399

Title:

Standards for Advisement, Invocation, and Waiver of Counsel in Military Intelligence Interrogations

Descriptive Note:

Master's thesis

Corporate Author:

JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILLE VA

Personal Author(s):

Report Date:

2004-04-01

Pagination or Media Count:

106.0

Abstract:

This thesis addresses the standards for advisement, invocation, and waiver of counsel in military intelligence interrogations in the Global War on Terror. It examines the first part of Attorney General John Ashcrofts question Are we supposed to read terror suspects their Miranda rights The question can arise in the context of military intelligence interrogations of persons detained in the Global War on Terror. These detainees may be suspected of violating international or domestic law in addition to being sources of military intelligence. Indeed, the information of value as military intelligence may also be evidence of a crime. Courts and military tribunals can expect to face significant unresolved issues concerning the admissibility and use of admissions and confessions obtained during military intelligence interrogations. An examination of these issues and the standards for advising, respecting, dishonoring, or waiving Miranda rights in military intelligence interrogations will, unfortunately, leave little opportunity to address the remaining parts of Mr. Ashcrofts question.

Subject Categories:

  • Sociology and Law
  • Unconventional Warfare

Distribution Statement:

APPROVED FOR PUBLIC RELEASE