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Published: 06/1/10

Supreme Court Narrows Requirements for Miranda Rights Warning

By  Andrew Cohen - Politics Daily
Supreme Court Narrows Requirements for Miranda Rights Warning

Voting along ideological lines, a divided Supreme Court Monday slightly narrowed the scope of the so-called Miranda warning, ruling in a 5-4 case out of that a suspect must affirmatively and unambiguously invoke his right to remain silent in order to preclude prosecutors from later using any statements he may make at the time. "There is good reason to require an accused who wants to invoke his or her right to remain silent to do so unambiguously," Justice Anthony Kennedy declared in what probably constitutes the understatement of the day. The case came about as a result of the questioning of ...

Published: 06/1/10

Supreme Court's Miranda Rights Ruling Means It's Not Enough to Just Remain Silent

By  Carl Franzen - Politics Daily
Supreme Court's Miranda Rights Ruling Means It's Not Enough to Just Remain Silent

Being arrested in the U.S. comes with a few guarantees designed to protect the suspect, chief among them being the so-called "Miranda rights," or more appropriately, "Miranda warning," which generally reads: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense. Today, the Supreme Court made a historic addendum to this fundamental principle, ruling 5-4 that ...

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