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Legal Commentary
: The Volokh ConspiracyThe Following Version of the Miranda Warning Is Not Adequate
By Eugene Volokh
Okay, and the next one states that you have the right to have an attorney present prior to and during questioning, and what that means [sic] that if you want one, you?re allowed to have a lawyer here before and during you know my questions to you, okay. And then an attorney is a lawyer who will speak for you and help you concerning the crime or any kind of offense that ah we might think that you or somebody else is involved in, if you were involved in it, okay. Again, it [sic] not necessarily mean that you are involved, but if you were, then that?s what that would apply to okay.
Doody v. Schriro (9th Cir. en banc, decided today) holds that this isn?t good enough, partly because the second and third sentences suggest that the lawyer will only be available to those who ?were involved in? the crime.
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Full post as published by The Volokh Conspiracy on February 25, 2010 (boomark / email).
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