U.S. Supreme Court Revises Miranda Rules


 The United States Supreme court last week issued a ruling that requires suspects to clearly state that they are invoking their right to remain silent during interrogation by police. If a suspect does not articulate his/her desire to invoke the Fifth Amendment right to remain silent, police may continue with the interrogation.

The Court's decision in Berghuis v. Thompkins concerns Van Chester Thompkins, who was arrested for suspicion of committing a murder and then brought to the local police station. After being read his Miranda rights, he was asked to sign a statement that indicated his understanding of those rights. He refused to sign the form.

Over the next three hours he was questioned by police. He remained mostly silent, except for a few comments not related to questions about the crime. According to the police, he finally said "Yes" in response to two questions asking if he believed in God and if he had asked God for forgiveness for committing the crime. These responses were used in the subsequent trial, which resulted in conviction for murder.

The Court's decision, authored by Justice Anthony Kennedy, means that police do not have to interpret the silence of a suspect as invocation of the right to remain silent. The Court was far from unanimous in its ruling, however. The minority opinion, authored by Justice Sonia Sotomayor, viewed the majority's ruling as a substantial shift away from the protections against self-incrimination that Miranda had preserved for over 40 years.

If you have questions about this post, or other topics in our blog, contact the Law Office of Nancy King at (916) 442-1200.

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