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.
"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.