Thursday, June 3, 2010

The Right to Remain Silent: Has the Supreme Court Decimated Miranda?

Supreme Court loosens Miranda rule
By David G. Savage
Chicago Tribune

           WASHINGTON
Want to invoke your right to remain silent? You'll have to speak up.

The Supreme Court backed off Tuesday from strict enforcement of the Miranda decision and its right to remain silent. The court ruled that a crime suspect's words can be used against him if he fails to clearly to tell the police that he does not want to talk.
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But in Tuesday's 5-4 decision, the court shifted the balance in favor of the police and against the suspect.
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In her first strongly written dissent, Justice Sonia Sotomayor said the ruling “turns Miranda upside down” and “marks a substantial retreat from the protection against compelled self-incrimination.” 

Death of Ernesto Miranda (1974)
JOHN HART, anchor:

Ernesto Miranda is dead. He was a kidnapper and a rapist, and he mattered because he gave his name to a Supreme Court decision that mattered a great deal. Here’s a report from Carl Stern.  Watch Video 
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