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Wednesday, June 02, 2010

Editorial - Speaking Up to Stay Silent per Miranda Rights - NYTimes.com

Editorial - Speaking Up to Stay Silent per Miranda Rights - NYTimes.com

The Miranda warnings remind suspects of their right to remain silent but were never particularly clear on what happens when a suspect actually stays silent. Can the police question the suspect? If so, can they do they so for just a few minutes or as long as they want?

A five-justice majority on the Supreme Court addressed the issue in an opinion on Tuesday, but it did not provide much clarity. This was not a burning issue crying out for the court’s attention, and the justices left so many crucial questions unanswered that it is hard to see how they protected the rights of suspects who do not read complex court decisions. More...

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