I can't believe it! I actually agree with Sotomayor!
By JESSE J. HOLLANDThe Associated Press Tuesday, June 1, 2010; 3:54 PM
WASHINGTON -- Want to invoke your right to remain silent? You'll have to speak up.
In a narrowly split decision, the Supreme Court's conservative majority expanded its limits on the famous Miranda rights for criminal suspects on Tuesday - over the dissent of new Justice Sonia Sotomayor, who said the ruling turned Americans' rights of protection from police abuse "upside down."
Wednesday
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2 comments:
*Now, I dont like ANY police questioning....
but in legal terms=
I dont really think that this decision is very big at all. Actually it probably only codifies what is already the rule.
this decision applies only in the small window between when a person is mirandized, and when they actually unanbiguously invoke miranda.
as it already stands, you can't unanbiguously invoke miranda protections. once miranda is invoked all interrogation must immediately stop, and to waive miranda after you have asserted it, you must do so in express writing.
however as it already stands, absolute silence after being read miranda by the police doesnt mean you invoked it. you have to communicate your attent to assert the right in some manner.
so.....
what this is saying is... when the cops read you your miranda warnings. if you just sit there and don't say ANYTHING...they can continue to question you until you unanbiguously assert your right. At that very second after you do-any and all questions must cease.
to invoke miranda you just have to communicate that you do. like "I wish to invoke my miranda rights."
or whatever. A head nod,saying "ok." or writing it on piece of paper if you're a mute would probably work.
this doesnt seem to be much of a departure from where we already were.
I agree with you. It is because of items like this that I don't consider myself a Conservative. I'm a small "L" libertarian.
That makes me a screaming, pinko communist when it comes to social issues, in the eyes of my conservative friends. I'm a jack-booted, baby-hating Nazi when it comes to fiscal issues in the eyes of my liberal friends.
I can live with that...
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