Press Release
Humanists Concerned Over Diminishing 5th Amendment Rights
FOR IMMEDIATE RELEASE
(Washington D.C., May 29, 2003) On Tuesday, May 27, the Supreme Court ruled 6-3 to
eliminate the universality of having to read Miranda rights before
interrogation. This decision allows law enforcement officers to
aggressively question a person without first apprising them of their
constitutional protections. Executive director of the American Humanist
Association, Tony Hileman said, “This decision is a significant infringement
of our Fifth Amendment protections and further erodes our civil rights. The
decision may promote hostile and coercive action in obtaining information.”
“Prior to this decision the means for requiring testimony was through due
process in a court of law, enforced with citation for contempt. Now
testimony can be demanded by law enforcement officers in the heat of the
moment and enforced by intimidation,” Hileman stated.
Officer, Oliverio Martinez, shot five times by Oxnard, California police claims that they violated
his Fifth Amendment rights during questioning in 1997. While
awaiting emergency treatment for his injuries, Martinez was interrogated at
length by Sgt. Ben Chavez without being read his Miranda rights. In the
hospital, Chavez continued to interrogate him. Martinez who was in pain, had
stated that he did not want to answer, and had begged the officer to stop
his questioning. “If Miranda rights are not needed in questioning, it is
possible that future witnesses will be committing a crime by simply pleading
for their silence,” added Mel Lipman, president of the American Humanist
Association.
Dissenting Supreme Court Justice Kennedy said, “Justice Souter and Justice
Thomas are wrong, in my view, to maintain that in all instances a violation
of the Self-Incrimination Clause simply does not occur unless and until a
statement is introduced at trial, no matter how severe the pain or how
direct and commanding the official compulsion used to extract it." Without
having been read their rights, the person being questioned is unaware of
which statements could be used against them and whether there has even been
a violation of their rights. “A future privilege does not negate a present
right,” said Kennedy.
The Supreme Court has three other Miranda-related cases that may be heard
this fall, marking a broad investigation into, and perhaps a further
deterioration of, our Fifth Amendment rights.
“This decision now allows additional civil liberties to be taken away at the
discretion of local police authorities. The danger is that there will be
little incentive to prevent police from using currently unacceptable tactics
to get someone to make a statement. Coming after the so called “USA Patriot”
Act, this decision is a frightening omen that our Supreme Court is not
concerned with the erosion of our civil rights by the current
administration,” Lipman stated.
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The American Humanist Association is the oldest
and largest Humanist organization in the nation. The AHA is dedicated to
ensuring a voice for those with a positive outlook, based on reason and
experience, which embraces all of humanity.
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