Published: Friday, July 16, 2010
In 1966, the U.S. Supreme Court affirmed the right to remain silent during the now-famous court case Miranda v. Arizona. But last month the Court redefined the process of invoking one’s Miranda rights.
In Berghuis v. Thompkins the Supreme Court ruled, in a 5-4 split, that one must declare that she or he is invoking her or his right not to speak to police either before or during a police interrogation.
In her dissent, Justice Sotomayor said the majority had created a kind of paradox: “A suspect who wishes to guard his right to remain silent,” she wrote, “must, counter intuitively, speak.”