“You have the right to remain silent. Anything you say can and will be used against you in a court of law.”
Even if you’re not a self-proclaimed Cops TV show junkie, you can still probably recite this saying nearly word for word. And for just as long as kids have been playing cops and robbers, most have interpreted the Fifth Amendment just as it says– the right not to talk when questioned. But after a new Supreme Court ruling, you actually have to speak up in order to invoke your right.
In a 5-4 decision, The Supreme Court ruled that simply not talking wasn’t enough under the Miranda Rights to stop police questioning all together. Instead, to stop an interrogation, suspects must now talk – and tell police that they wish to stay silent. The ruling is not without controversy. Many people seem to be worried about the new decision’s confusing and contradicting message. Justice Sonia Sotomayor, who voted against the majority, said the decision turned defendant’s rights “upside down.”
The decision earlier this month came from a case involving a suspect named Van Chester Thompkins, who attempted to remain silent for nearly three hours while police questioned him. Eventually, the police got him to start answering yes and no questions, which convicted him of a murder in 2001. Thompkins then went on to try and repeal the conviction, saying he invoked his Miranda Rights by being uncommunicative with police.
In the case of Berghuis v. Thompkins, the Supreme Court’s decision sided with police investigators. Since Thompkins never verbally said he wanted to remain silent or not talk to police, questioning was continued even after he was uncooperative in answering. If at any time he verbalized his wishes not to speak, he would have invoked his “right to cut off questioning.”
This new ruling under the Miranda rights leaves many questions for police interrogators and suspects alike. While police now have more freedom in questioning suspects, how far is too far? Could incorrect or false convictions come out of questioning someone for too long or with too much intensity if the suspect is not aware of the change in their rights? Does this decision really stand true under the Miranda rights and the process of a fair trial?
Staying silent won’t get you anywhere. Speak up. What do you think?
Posted by Rachel on June 24, 2010 at 6:20pm.
