Supreme Court: Suspects Must Assert Right To Silence
Professor Robert Weisberg is quoted on the Supreme Court decision that now requires a suspect to clearly state he or she wants to remain silent to invoke Miranda rights. Joan Biskupic of USA Today reports:
A divided Supreme Court scaled back the well-known Miranda right Tuesday and enhanced prosecutors' ability to assert that a suspect waived his right to remain silent even when he did not say so.
By a 5-4 vote, the justices said that once rights have been read and questioning begun, a suspect must clearly declare that he wants to remain silent and cannot simply be silent.
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"There is no question that this decision authorizes lower courts to construe ambiguous situations in favor of police and prosecutors," said Stanford University law professor Robert Weisberg.