06/02/2010 // Washington, D.C. , U.S. // TiffNews10 // News Desk
Criminal suspects must now speak up to enforce their right to remain silent. As reported by the Associated Press (AP), in a ruling on Tuesday, the Supreme Court narrowly decided suspects were required to tell police that they will remain silent in order for an interrogation to be stopped, in the same way that they would make their request for an attorney known.
Justice Anthony Kennedy, is quoted by the AP as stating in the majority opinion for the case Berghuis v. Thompkins, “In sum, a suspect who has received and understood the Miranda warnings, and has not invoked his Miranda rights, waives the right to remain silent by making an uncoerced statement to police.”
Justice Sonia Sotomayor is further quoted in the report as stating of her dissent about the decision, “Criminal suspects must now unambiguously invoke their right to remain silent — which counterintuitively requires them to speak… 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.”
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