Miranda Right's loosened by Supreme Court

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Forums > All Posts > Miranda Right's loosened by Supreme Court

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2010-06-01 08:02 PM

LLBarry
Beverly, MA
Posts: 299

Today the Supreme Court voted 5-4, a split court, that that "once rights have been read and questioning begun, a suspect must clearly declare that he wants to remain silent and cannot simply be silent."

This means that people being interrogated will not the benefit of the Miranda rule against self-incrimination unless they specifically invoke them.

How do you feel about this?

As a person being interrogated for a crime that you may or may not have comitted...do you want to have to remember to invoke your rights?

Before the burden was on the prosecution to show that the Miranda Rights were read. Now if the person being interrogated does not expressly say that he will not speak anything he says 3 or 4 hours later may be used against him. It appears to me that if someone is being interrogated for 3 to 4 hours and has not said anything, then they do not wish to speak and when they finally do speak, it's because they have been worn down and will say anything just to go home.

In addition, this apparent is supported not only by Obama but also by the Supreme Court Nominee, Kagan.

2010-06-06 10:51 PM

Schmidt
Colorado Springs, CO
Posts: 1058

Being arrested for the first time can be a harrowing experince for some people, and their minds might not be entirely focusing on what the arresting officer is saying. Some people just clam up in fear and don't listen carefully. If television programs (e.g. Law and Order) resemble real life, arresting officers can be forceful and intimidating and just speak too fast for someone in an unfamiliar situation or for someone that doesn't speak English well.

Do police know how to speak softly and slowly without that authortitarian, intimidating manner? Maybe I watch too many cops and robbers programs. Ha!

I disagree with the Supreme Court ruling. Also, Kagan's stance on this and other issues as Solicitor General do not necessarily reflect how she might rule as a Supreme Court justice. I don't understand Obama's position. He didn't hesitate to say he disagrees with the Court on campaign financing.

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