Thursday, June 3, 2010

Miranda Warning Again 2010

The Supreme Court has issued another case that further limits the effect of the Miranda Warning. In Berghuis v. Thompkins the court allowed a statement-a confession of sorts-after the police gave the suspect his miranda warning but continued to ask him questions for some three hours. The suspect usually answered with a "yes", "no" or "don't know". However, when asked "if he prayed for forgiveness for 'shooting that boy down', Thompkins said 'yes'". "...a suspect who goes ahead and talks to police after being informed he doesn't have to has waived his right to remain silent". With this ruling the suspect must not only ask for a lawyer but must state his/her desire to "remain quiet to stop the interrogation". The decision was 5 to 4. (There is a third case recently decided on the Miranda Warning and it involves the number of days the warning still applies. I don't have any other information at this time.)
(Source: "Miranda rights narrowed" by Jesse J. Holland of The AP. In The Record on 6/2/10. Information also from "google" under Supreme Court Miranda decision.)

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