Instead of using percentages (which many cannot understand), use statements which chime easily – "One in three footballers use this product".
These post-Miranda decisions permitted prosecutors to use statements obtained in violation of Miranda to impeach a defendant's credibility or for other purposes beyond the prosecution's direct case.
The prosecutors would not be able to use statements from Afghan witnesses unless the defence is able to cross-examine them, he said.
He is a retired US air force colonel, and was the chief military prosecutor at Guantánamo Bay – until he resigned in 2007, refusing to use statements obtained through torture.
The ruling, by Leonard B. Sand of Federal District Court in Manhattan, allows prosecutors to use statements made by three of the men who were questioned, without lawyers, in Africa.
Last week he decided to allow prosecutors to use statements given overseas by three of the defendants, including a confession, even though the suspects were not offered lawyers at the time they were questioned.
Already, Judge Kaplan has rejected two key defense requests to dismiss charges, on grounds of government misconduct and speedy-trial violations, and prosecutors have said they do not intend to use statements from Mr. Ghailani's interrogation at trial.
In the Miranda case, the Supreme Court ruled that if prosecutors want to use statements made by the defendant while in custody against him, police must have warned him of his rights before those statements were made.
