Suspects must now invoke Miranda rights - new ruling Supreme Court

"Once a suspect has been informed of his rights, he has the duty to invoke them, the justices say."

"... In the past, the court said the "burden rests on the government" to show that a crime suspect had "knowingly and intelligently waived" his rights..."

the new interpretation of the law is that a suspect must invoke Miranda rights:

"...in Tuesday's 5-4 decision, the court shifted the balance in favor of the police, saying a suspect has a duty to speak up and say he does not want to talk."

"...Moreover, the police are "not required to obtain a waiver" of the suspect's "right to remain silent before interrogating him," Justice Anthony M. Kennedy wrote..."

reference:
http://www.latimes.com/news/nationworld/nation/la-na-court-miranda-20100602,0,1344181.story

"In her first strongly written dissent, Justice Sonia Sotomayor said the ruling "turns Miranda upside down" and "marks a substantial retreat from the protection against compelled self-incrimination.""

Sotomayor also said, ""Criminal suspects must now unambiguously invoke their right to remain silent — which, counterintuitively, requires them to speak,...""

""This is the most important Miranda decision in a decade. And it will have a substantial impact on police practices," said Charles Weisselberg, a law professor at UC Berkeley. "This decision approves of the practice of giving the warnings and then asking questions of the suspect, without asking first whether he wants to waive his rights.""

"Steven Shapiro, legal director for the American Civil Liberties Union, said the case "demonstrates the power of custodial interrogation to wear down the defendant's willpower, which is what Miranda was designed to prevent.""

you'll never take me alive johnny

you'll never take me alive johnny

Click to expand...

just in case, quietly if they do

The problem is that most people ignorantly waive their rights by talking to the police prior to an arrest. Police do not need to Mirandize a suspect unless they have been placed in custody. People should be aware of their right to remain silent without it being read to them.

yes very true mindphuk