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rulemylife -> RE: Miranda TURNEd UPSIDE DOWN! (6/1/2010 2:32:05 PM)
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quote:
ORIGINAL: Arpig
Bullshit, nothing has been turned upside down, a suspect merely has to actively invoke their right to remain silent to end an interrogation, just as they have to actively invoke their right to a lawyer or against self-incrimination. Its a minor clarification that actually gives a suspect more power...they can now end an interrogation any time they wish by either invoking their right to remain silent or their right to have a lawyer present.
Your paranoia is boundless and breathtaking in its idiocy.
Pahunk is right. It is a big change and comes on the heels of several other rulings that weaken Miranda.
Justice Sotomayor's dissent sums it up:
High court: Suspects must directly invoke right to remain silent
In a sharp dissent, Justice Sonia Sotomayor called the court's ruling a "major retreat" from protections against self-incrimination guaranteed by the original Miranda ruling.
"Criminal suspects must now unambiguously invoke their right to remain silent -- which counterintuitively requires them to speak," she said. "At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so.
Those results, in my view, find no basis in Miranda or our subsequent cases and are inconsistent with the fair-trial principles on which those precedents are grounded."
Sotomayor said the Thompkins ruling "turns Miranda upside down." Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen Breyer backed her conclusions.
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