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Do you agree with the Supreme Court on your right to remain silent?

— A divided Supreme Court on Monday enhanced prosecutors' ability to assert that a suspect waived his right to remain silent even when he did not say so.
The decision in a murder case from Michigan broke along ideological lines, with Justice Anthony Kennedy writing the opinion joined by fellow conservatives.

The four liberals dissented in an opinion by Justice Sonia Sotomayor, a former Manhattan prosecutor who warned that, "Today's decision turns Miranda upside down."

The 1966 Miranda v. Arizona ruling — which protects suspects against self-incrimination and requires the warnings police give people in custody to let them know they have the right to remain silent — has been deeply woven into American culture. Yet, it remains controversial, as recent debate over Miranda rights for terrorism suspects shows.

http://www.usatoday.com/news/washington/judicial/2010-06-01-supreme-court-miranda-rights_N.htm?csp=34

 
sweet-a-kins

Asked by sweet-a-kins at 1:12 PM on Jun. 1, 2010 in Politics & Current Events

Level 34 (67,502 Credits)
This question is closed.
Answers (21)
  • Anyone who's watched TELEVISION at all KNOWS to keep their mouth shut. . .

    I mean, Law and Order has been around for like, fifteen years right?

    Some people are just dumb.
    lovinangels

    Answer by lovinangels at 2:42 PM on Jun. 1, 2010

  • sweet-a-kins

    Answer by sweet-a-kins at 1:12 PM on Jun. 1, 2010

  • Im not sure what to think...
    the example given.. it sounds like by not letting the man know his rights and by asking questions was a trick to get him to invoke those rights... not sure if I am making sense but they sure seemed sneaky to me.
    Shaneagle777

    Answer by Shaneagle777 at 1:49 PM on Jun. 1, 2010

  • So he WAS read his Miranda rights. He did NOT ask for an attorney nor say - I wish to remain silent; take the 5th; or anything of the kind? He foolishly admitted he hoped god forgives him for shooting someone? Uh yeah sorry that counts.

    The police are allowed to be "sneaky" during interrogations as long as they don't misrepresent why you are there. And trust me if it were your case they were investigating you'd think this was just fine.
    Anonymous

    Answer by Anonymous at 1:58 PM on Jun. 1, 2010

  • He was read his Miranda rights. If he wanted to remain silent, he shouldn't have opened his mouth to speak. Seems pretty simple to me.
    mancosmomma

    Answer by mancosmomma at 2:11 PM on Jun. 1, 2010

  • I disagree with Justice Sotamayor. The gentleman was read his rights, the right to remain silent is just that. You can say I want a lawyer, and they can goad you - you have the choice to remain silent, if you don't, well, your screwed.
    urkiddingright

    Answer by urkiddingright at 2:22 PM on Jun. 1, 2010

  • I'm thinking that I agree, it does make sense. If you don't want to talk, then be quiet, or say you want a lawyer. But, don't answer a few of the questions and then claim afterwards that you wanted to remain silent!

    29again

    Answer by 29again at 2:24 PM on Jun. 1, 2010

  • disagree with Justice Sotamayor. The gentleman was read his rights, the right to remain silent is just that. You can say I want a lawyer, and they can goad you - you have the choice to remain silent, if you don't, well, your screwed.


    I agree, didn't we all play this game as kids? LOL..who could stay quiet the longest?? LOL

    sweet-a-kins

    Answer by sweet-a-kins at 2:26 PM on Jun. 1, 2010

  • He was read his Miranda rights. If he wanted to remain silent, he shouldn't have opened his mouth to speak. Seems pretty simple to me.


    As long as they are READ their rights, then I don't really see an issue...you CHOOSE to open your mouth...that's YOUR choice....

    sweet-a-kins

    Answer by sweet-a-kins at 2:27 PM on Jun. 1, 2010

  • I did think they were supposed to stop the interrogation though, after you claim your right to be silent.
    lovinangels

    Answer by lovinangels at 2:49 PM on Jun. 1, 2010

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