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Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison
I'm just not sympathetic here. He was able to go 2 hours without answering questions. But then he chose to answer a question. Miranda says that you have the right to remain silent and that anything you do say can and will be used against you in a court of law. So the guy remained silent for two hours and then said something that was used against him. What's the issue here?
I have to admit that I haven't read the facts of the case. I'll read them soon and see if my mind is changed, but right now, I am with the majority of the Supreme Court.
Why do people keep on talking about lawyers? That is a different right that has nothing to do with this. A suspect has a right to an attorney. A suspect has a right to remain silent. These are two completely separate rights and you can invoke one without the other. For whatever reason this suspect chose not to ask for a lawyer. That is his choice. It has no bearing, however, on whether he may choose to remain silent or not.
As to the case itself... He went two entire hours without answering questions, that clearly to me seems to be that he decided to remain silent. Nowhere in the Miranda rights does it say you have to officially say you're keeping silent. If you don't talk for that long a period, it should be obvious. The police were coercing this man, plain and simple. I don't see how you could take hours worth of silence as anything other than invocation of that right.
I'm just not sympathetic here. He was able to go 2 hours without answering questions. But then he chose to answer a question. Miranda says that you have the right to remain silent and that anything you do say can and will be used against you in a court of law. So the guy remained silent for two hours and then said something that was used against him. What's the issue here?
I have to admit that I haven't read the facts of the case. I'll read them soon and see if my mind is changed, but right now, I am with the majority of the Supreme Court.