Supreme Court cases 2009-2010 term

[...] the invocation of either the right to silence or the right to counsel must be clear and unambiguous to be effective. '1 However, the Supreme Court has clarified its position in post-Mi runda cases, emphasizing that Miranda is designed to ensure that the subject is advised of and understan...

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Bibliographic Details
Published in:FBI law enforcement bulletin 2010-11, Vol.79 (11), p.21
Main Author: Baker, Lisa A
Format: Magazinearticle
Language:English
Subjects:
Child sexual abuse
Enforcement
Federal court decisions
Interpretation and construction
Miranda rights
Miranda rule
Questioning
Right to counsel
Sex crimes
Shootings
Supreme Court decisions
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Summary:[...] the invocation of either the right to silence or the right to counsel must be clear and unambiguous to be effective. '1 However, the Supreme Court has clarified its position in post-Mi runda cases, emphasizing that Miranda is designed to ensure that the subject is advised of and understands certain rights and that, if invoked, these rights are safeguarded.7 In Berghuis, the Court held that Where the prosecution shows that a Miranda warning was given and that it was understood by the accused, an accused's uncoerced statement establishes an implied waiver of the right to remain silent.* By responding to the detective's question, the suspect demonstrated a willingness to waive his right to silence.
ISSN:0014-5688
1937-4674