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journal 3 - Cortney Post New Journal#3"Suspects must assert...

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Cortney Post New Journal #3 “Suspects must assert right to silence” USA Today June 1, 2010 The article is about the Supreme Court decision that changes some of the effect of the 1966 case Miranda v. Arizona. Today’s decision has to do with how a suspect must invoke their right to remain silent. In this Michigan case, the suspect, Van Chester Thompkins, did not state his desire to invoke his right to remain silent to avoid self-incrimination, but simply did not speak or answer any questions during an interview with law enforcement. Nearly three hours into the interview Thompkins answered a question that essentially acted as a confession. Later, Thompkins defense stated that his desire to remain silent was implied and his confession should not have been admissible in court under Miranda. The ruling, in a 5-4 vote, written by Justice Kennedy, stated that the right to remain silent must be implicitly stated and cannot be implied. Justice Soyomayor, who voted against the decision, felt that this would largely hurt the rights
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  • Summer '10
  • Baker
  • Supreme Court of the United States, Miranda, Fifth Amendment to the United States Constitution, Miranda v. Arizona, specific statement

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