Amicus brief filed in case involving Miranda warnings to limited English proficient immigrant
Monday, Aug 17, 2015
AALDEF has filed an amicus brief in support of a petition for review by the U.S. Supreme Court of a case involving Miranda warnings and the knowing and intelligent waiver of the right to remain silent by a young immigrant, Naif Al-Yousif.
In 2001, the Denver police arrested Naif Al-Yousif, a Saudi Arabian national with limited English proficiency who was 22 years old at the time. Officers read him his Miranda rights in a rapid-fire, eighteen-second string of words. After a mumbled affirmative response from Al-Yousif, the officers questioned him and obtained a number of incriminating statements. Later the same day, a different officer repeated the Miranda warnings, this time taking care to ascertain that Al-Yousif understood each one. Al-Yousif immediately requested an attorney.
The appeal questions whether Al-Yousif knowingly and intelligently waived his right to remain silent. The case calls to the Court's attention important questions of whether the promise of Miranda applies to everyone, regardless of language ability or cultural background. Jones Day was pro bono counsel on this case.
You can download a copy of the amicus brief in Al-Yousif v. Trani here.