Posted by Sir Four at 9:37am Jun 2 '10The Court ruled 5-4 that a criminal suspect must assert his Miranda rights (right to remain silent, right to a lawyer, etc). The case centered on Van Chester Thompkins, a murder suspect from Michigan. Police had given him a form listing his Miranda rights, which he did not sign. They began to interrogate him. He remained mostly silent, giving several one-word answers or head nods during 2 hours and 45 minutes of questioning. Then the questioner asked him if he prays to God, and if he prays for forgiveness for shooting that boy, to which he answers, "yes."
Before the Supreme Court, the defense argued that after being listed his Miranda rights, Thompkins remained (mostly) silent for nearly three hours, and that by continuing to interrogate him for that long, the police were disregarding his decision not to incriminate himself. Writing for the dissent, Justice Sotomayor said,
Justice Kennedy, writing for the majority, said,
In other words, all Thompkins needed to do was continue exercising his right to remain silent by remaining silent, but by breaking his silence he waived his right. The police had no obligation to cut short the interrogation.
Before the Supreme Court, the defense argued that after being listed his Miranda rights, Thompkins remained (mostly) silent for nearly three hours, and that by continuing to interrogate him for that long, the police were disregarding his decision not to incriminate himself. Writing for the dissent, Justice Sotomayor said,
Today's decision turns Miranda upside down. Criminal suspects must now unambiguously invoke their right to remain silentâââ‰â¬Âwhich, 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.
Justice Kennedy, writing for the majority, said,
As a general proposition, the law can presume that an individual who, with a full understanding of his or her rights, acts in a manner inconsistent with their exercise has made a deliberate choice to relinquish the protection those rights afford.
In other words, all Thompkins needed to do was continue exercising his right to remain silent by remaining silent, but by breaking his silence he waived his right. The police had no obligation to cut short the interrogation.
Supreme Court Case on Miranda Rights - Sir Four