Archive

Archive for June, 2010

Miranda’s “Right to Remain Silent”” Doesn’t Mean Remain Silent

The Supreme Court of the United States recently decided a case that is counterintuitive at first glance.  In order for a suspect to invoke their right to remain silent and end any interrogation, they must verbally say that they are going to remain quiet.  While this may seem like a drastic change, it may also be viewed as an alignment with a suspect’s other 5th Amendment right to attorney which must be verbally invoked in order for an interrogation to cease.  This 5-4 decision is in favor of the police and allows officers conducting interrogations to continue those interrogations until they are explicitly told by the suspect that he/she wants to remain silent.  There is less chance for error that a police officer will interpret a suspects silence one way while the suspect himself will interpret it another way, resulting in a question of admissibility of anything divulged during an interrogation.  However, this decision runs counter to Miranda, so it is anyone’s guess as to the overall impact moving forward.  To learn more, please read here.