You have the Right to Remain Silent, Not.

The US SCOTUS ruled 5-4 that in order to use the Right to Remain Silent one must first speak.


Berghuis v. Thompkins is a decision by the United States Supreme Court which states that suspects must specifically state that they are invoking their Miranda right to remain silent. The act of remaining silent is, on its own, insufficient to imply the suspect has invoked their right.
...
On June 1, 2010, by a vote of 5-4, the Supreme Court reversed the Sixth Circuit's decision. In the Opinion of the Court, written by Justice Kennedy, the Court ruled that Thompkins' silence during the interrogation did not invoke his right to remain silent and that he had waived his right to remain silent when he knowingly and voluntarily made a statement to police.

http://en.wikipedia.org/wiki/Berghuis_v._Thompkins


Recap:
What does the decision mean? Aside from the defendant waiving his right to silence by saying the word "yes" at the end of the interrogation; the court ruled he never invoked the right to remain silent. Therefore in order to effectively use the right you must first speak.


Please see the following:
http://www.time.com/time/nation/article/0,8599,1993580,00.html

BERGHUIS, WARDEN v. THOMPKINS

http://www.supremecourt.gov/opinions/09pdf/08-1470.pdf

Send this Article to a Friend



Separate multiple emails with a comma (,); limit 5 recipients






Your email has been sent successfully!

Manage this Video in Your Playlists

New Blog Posts from All Members