In light of the recent Supreme Court decision that you have to (unsilently) declare your desire to remain silent in order to exercise that right:
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2 Comments
I honestly don’t see a big problem with the ruling. A suspect can still remain silent. I honestly think that the ruling has strengthened Miranda, as a person can now say, “I will not answer any more questions,” and the interrogation has to stop.
In the past, there was no Supreme Court-backed way to end an interrogation. Now there is. In this particular case, the suspect was interrogated for 3 hours and finally cracked. Regardless of guilt, he was unable to stop the questioning. In the future, people have 2 options instead of 1. I think that’s better.
Adam – I agree with you in general. The problem will be that this will not likely be made clear to people in the Miranda warning. The Court did not say that the police have to state, “You can stop the interrogation at any time by request.” Unless these options are made clear, people will not know they have them.