Abstract

http://ssrn.com/abstract=2361591
 


 



Dancing the 'Two-Step' Abroad: Finding a Place for Clean Team Evidence in Article III Courts


FeiFei Jiang


Columbia Journal of Law and Social Problems

November 29, 2013

Columbia Journal of Law and Social Problems, Forthcoming

Abstract:     
There is little case law that discusses whether the government can use statements elicited from “two-step” interviews abroad after the defendant has been Mirandized, or whether all such evidence should be suppressed. The interplay of international investigations and domestic prosecutions implicates wider policy issues — in particular, the FBI’s interview techniques, how and where to prosecute terrorism suspects, and international cooperation in terrorist investigations. This Note discusses the boundaries of the “two-step” interrogation practice as an evidentiary issue in Article III courts, using the investigation and prosecution of Mohamed Ibrahim Ahmed as a case study around which to frame the analysis. The Note first explores current “clean team” practices in extraterritorial investigations, then analyzes the current state of U.S. law as to “two-step” interrogations and the admissibility of evidence, and finally situates the “two-step” practice within existing doctrine in order to argue that the “clean team” tactic in extraterritorial terrorism investigations holds a particular place within the current state of Miranda jurisprudence.

Number of Pages in PDF File: 31

Keywords: terrorism investigations, terrorism prosecutions, terrorism, interrogation techniques, two-step interrogations, clean teams, Miranda, criminal law, criminal procedure

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Date posted: December 1, 2013  

Suggested Citation

Jiang, FeiFei, Dancing the 'Two-Step' Abroad: Finding a Place for Clean Team Evidence in Article III Courts (November 29, 2013). Columbia Journal of Law and Social Problems, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2361591 or http://dx.doi.org/10.2139/ssrn.2361591

Contact Information

FeiFei Jiang (Contact Author)
Columbia Journal of Law and Social Problems ( email )
435 West 116th Street
New York, NY 10025
United States
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