Court on Miranda: Who's On First?
In a decision worthy of these guys, the Supreme Court has trimmed
the key Miranda protections, ruling 5-4 that suspects must explicitly tell
police they want to remain silent instead of just, umm, being
silent. Critics say it turns defendants' rights "upside down," and we say it's clearly high time to shift the balance of the Court. Is the White House listening?
suspects must now unambiguously invoke their right to remain silent -
which counterintuitively, requires them to speak. At the
same time, suspects will be legally presumed to have waived their rights
even if they have given no clear expression of their intent to do so." -
Sotomayor, who voted against the ruling.