Previously if you said absolutely nothing to the police after being given a Miranda warning it would NOT constitute a waiver of your rights, meaning you had not given up the right to be silent. Under the new ruling it means silence can be taken as you giving up your right until you "unequivocally" establish that, and it becomes more difficult than it was previously to establish those rights. If you want to see why it is not right to have an unequivocal requirement see my point above.
SCOTUS Update: Right to remain silent? Suspect better speak up -
01/06/2010 07:53:14 PM
- 1122 Views

What I don't like about this decision...
01/06/2010 08:21:02 PM
- 709 Views
I think the only potential issue is if the person didn't understand the Miranda warning.
01/06/2010 10:37:42 PM
- 642 Views
that is an odd way of looking at it
01/06/2010 11:58:12 PM
- 656 Views
I'm more referring to the almost "magic words" that Kennedy introduces here.
02/06/2010 12:18:07 AM
- 675 Views
So we should not allow police to question people at all?
02/06/2010 12:31:27 AM
- 605 Views
You won't hear me complain if the Miranda rights are scaled back a bit.
02/06/2010 12:40:23 AM
- 601 Views
Forgot to mention - the 5-4 decision was split between cons and libs, but.....
01/06/2010 08:36:41 PM
- 609 Views
This seems reasonable to me.
01/06/2010 09:47:34 PM
- 684 Views
I'm stunned. Your response was reasoned, logical and concise. What have you done with Joel?
01/06/2010 10:43:22 PM
- 649 Views
Joel is going to be so pissed when he finds out that you logged onto his account.....
02/06/2010 01:42:50 AM
- 659 Views
Hey deaf people who can't speak... pound sand.
01/06/2010 09:55:41 PM
- 738 Views
well the deaf can simply close their eyes and end the interview
02/06/2010 12:26:31 AM
- 634 Views
Re: well the deaf can simply close their eyes and end the interview
02/06/2010 03:57:35 AM
- 642 Views
you are often questioned by the police? What are you doing to make that happen?
02/06/2010 03:35:47 PM
- 680 Views
This decision is a setback for us all.
01/06/2010 10:10:51 PM
- 753 Views
No it isn't.
01/06/2010 10:42:06 PM
- 670 Views
Re: No it isn't.
01/06/2010 11:26:07 PM
- 679 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM*
02/06/2010 12:38:24 AM
- 267 Views
Close, but not cigar.
02/06/2010 01:30:19 AM
- 687 Views
if they catch more bad guys is that a bad thing? *NM*
02/06/2010 01:50:12 AM
- 286 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate?
02/06/2010 02:18:26 AM
- 648 Views
You are at the intersection of bull and shit.
02/06/2010 04:00:32 PM
- 671 Views
I am confused
01/06/2010 11:09:14 PM
- 657 Views
Re: I am confused
01/06/2010 11:15:07 PM
- 590 Views
ummm, no...
02/06/2010 12:13:59 AM
- 682 Views
Re: ummm, no...
02/06/2010 01:38:54 AM
- 625 Views
Nothing has changed
02/06/2010 01:56:08 AM
- 624 Views
Except you risk waiving them unless you specifically say you want to use them.
02/06/2010 04:07:51 AM
- 639 Views
not surprising that people who use phrases like "Police State of America" believe that
02/06/2010 03:24:25 PM
- 640 Views
As far as I can tell, this changes nothing and simply maintains the status quo.
01/06/2010 11:27:36 PM
- 648 Views
For those who don't understand the techniques of police interrogation let me make this clear.
02/06/2010 01:57:51 AM
- 701 Views
Good advice
02/06/2010 04:00:45 AM
- 584 Views