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Want to invoke your right to remain silent? You'll have to speak up. In a narrowly split decision, the Supreme Court's conservative majority expanded its limits on the famous Miranda rights for criminal suspects on Tuesday — over the dissent of new Justice Sonia Sotomayor, who said the ruling turned Americans' rights of protection from police abuse "upside down."
Justice Anthony Kennedy, who wrote the majority opinion, said a suspect who goes ahead and talks to police after being informed he doesn't have to has waived his right to remain silent. Elena Kagan, who has been nominated by President Barack Obama to join the court, sided with the police as U.S. solicitor general when the case came before the court. She would replace Justice John Paul Stevens, one of the dissenters.
A right to remain silent and a right to a lawyer are at the top of the warnings that police recite to suspects during arrests and interrogations. But Tuesday's majority said that suspects must break their silence and tell police they are going to remain quiet to stop an interrogation, just as they must tell police that they want a lawyer.
This decision means that police can keep shooting questions at a suspect who refuses to talk as long as they want in hopes that the person will crack and give them some information, said Richard Friedman, a University of Michigan law professor.
"It's a little bit less restraint that the officers have to show," Friedman said.
Originally posted by Violater1
This is exactly why Bush, Clintstone, and the obamanation have been working toward a reduction in Amerikans rights. They have been adding more and more liberal judges to our court in order to water down the constitution. You wanted a thousand points of light, you wanted change, you got it!
And the sheeple go," Baaaahh, bhaaaa, bahhh."
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Originally posted by fred call
Ya know, Miranda was made law when the Supreme Court was more liberal....and now liberals are complaining about Miranda being used against them.
Majority Kennedy, joined by Roberts, Scalia, Thomas, Alito
Dissent Sotomayor., joined by Stevens, Ginsburg, Breyer
said a suspect who goes ahead and talks to police after being informed he doesn't have to has waived his right to remain silent.