Wednesday, June 02, 2010

SCOTUS Amends Miranda Rights Law

The Supreme Court has ruled that criminal suspects must speak up to invoke their Miranda rights.

It's called an unambiguous-invocation requirement for the right to remain silent and terminate questioning.
In a narrowly split decision, the Supreme Court's conservative majority expanded its limits on the famous Miranda rights for criminal suspects on Tuesday - over the dissent of new Justice Sonia Sotomayor, who said the ruling turned Americans' rights of protection from police abuse "upside down."

Justice Anthony Kennedy, who wrote the majority opinion, said a suspect who goes ahead and talks to police after being informed he doesn't have to has waived his right to remain silent. Elena Kagan, who has been nominated by President Barack Obama to join the court, sided with the police as U.S. solicitor general when the case came before the court. She would replace Justice John Paul Stevens, one of the dissenters.

A right to remain silent and a right to a lawyer are at the top of the warnings that police recite to suspects during arrests and interrogations. But Tuesday's majority said that suspects must break their silence and tell police they are going to remain quiet to stop an interrogation, just as they must tell police that they want a lawyer.
In addition to Justice Kennedy, Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito comprised the majority.

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