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News Posted on September 8, 2017

Professor Joh Comments on Espionage Case for The Intercept

Professor Elizabeth Joh commented for The Intercept on the case of Reality Winner, an Air Force veteran and ex-National Security Administration contractor indicted under the Espionage Act for allegedly leaking a top-secret document. Winner has claimed that because she was not read her Miranda rights prior to questioning, her alleged confession should be barred from use at trial.

“She certainly could have a valid argument,” said Joh. “While she wasn’t arrested at the time of her questioning, Miranda requirements kick in any time there is a situation of custodial interrogation. That includes formal arrest, but can also include situations that amount to a coercive atmosphere that looks and feels like the equivalent of an arrest.”

Professor Joh's scholarship focuses on criminal procedure and policing, with a special emphasis on DNA evidence, undercover policing, and new surveillance technologies. She is the recipient of King Hall’s 2017 Distinguished Teaching Award.