Tuesday, June 01, 2010

Supreme Court: Suspects Have To Explicitly Invoke Right To Remain Silent


The Supreme Court ruled Tuesday that a criminal suspect must explicitly invoke the right to remain silent during a police interrogation, a decision that dissenting liberal justices said turns the protections of a Miranda warning "upside down." 

The court ruled 5 to 4 that a Michigan defendant who incriminated himself in a fatal shooting after nearly three hours of questioning thus gave up his right to silence, and the statement could be used against him at trial. 

"Where the prosecution shows that a Miranda warning was given and that it was understood by the accused, an accused's uncoerced statement establishes an implied waiver of the right to remain silent," Justice Anthony M. Kennedy wrote for the court's conservatives.
Good for SCOTUS. Our cops got enough to worry about besides trying decipher whether or not a suspect invoked his right to remain silent. Don't wish to be interrogated? Then say so. Remember, just because somebody's a criminal doesn't mean they're stupid. Too often "clever" criminals attempt to work the law and find a liberal, criminal-friendly court to rule in their favor (in this case the suspect provided monosyllabic answers to questions for three hours before finally admitting guilt, but did not explicitly invoke his right to remain silent), but cops shouldn't have to read minds. Suspects have no problem speaking up when they want a lawyer, the same rule should apply when they don't wish to talk.

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