Miranda Madness
by digby
Justice Anthony Kennedy, writing for the majority, said Thompkins could have ended the questioning by telling the police he wanted to invoke his right to remain silent. In a dissent, Justice Sonia Sotomayor said the decision “turns Miranda upside down.” It’s counterintuitive, she said, to require a suspect to speak in order to exercise the right to remain silent.
So does this mean that when the police issue the warning “you have a right to remain silent” they will also say “but you have to tell us that you are invoking your right to remain silent?” because I don’t think people understand that. I’m guessing most people think that just remaining silent is adequate.
And is it true that once you invoke the right the police have to stop questioning you? The TV shows all depict cops stopping the questioning once someone has invoked their right to an attorney, but I didn’t know they would have to stop if you tell them that you intend to remain silent. Of course, everything I know about criminal law I got from watching Law and Order, so I’m certainly no expert. Is it true that police have to stop questioning suspects once they “invoke” their right to remain silent?
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