Right on the letter, completely misses the spirit. The right to not self-incriminate is and was known by the educated and intelligent pre-miranda and will still be exercised regardless of this ruling. The point of Miranda was that LEOs had to act in a manner that protected the rights of the people who weren't as well-educated or intelligent; the functional impact of the ruling was to protect those who don't know any better. To some extent, that's gone now.
As far as "you just have to remain silent" goes, they questioned him for hours. This is an interrogation tactic, and depending on the minutiae, can be considered coercive (in military/intel circles, anyway; tho I suspect his wasn't /that/ long). The fact that he didn't ever ask for a lawyer or say he didn't want to answer any questions out loud moves this from black to gray, and no further. Still, far from SCOTUS' worst decision of late. -adam On Tue, Jun 1, 2010 at 6:28 PM, Larry Seltzer <[email protected]>wrote: > Putting aside for the moment the fact that is really has nothing to do > with funsec, the dissenting complaint is beside the point. You don't > have to speak to invoke your right to remain silent. You just have to > remain silent. > > The guy was invoking that right for all the time he was silent, and then > he stopped invoking it. If he had said he was invoking his rights then > they wouldn't have been able to question him further (without his lawyer > present) but all he did was shut up. > > -----Original Message----- > From: [email protected] [mailto:[email protected]] > On Behalf Of Rob, grandpa of Ryan, Trevor, Devon & Hannah > Sent: Tuesday, June 01, 2010 9:26 PM > To: [email protected] > Subject: [funsec] Miranda minged? > > I came across a very interesting article today: > > http://online.wsj.com/article/SB100014240527487048756045752803927477370 > 22.html<http://online.wsj.com/article/SB100014240527487048756045752803927477370%0A22.html> > > It relates to the Miranda decision and warning. Although this is > American case law > everybody knows about it, since it is the basis of the warning, on every > cop show > and movie, that the suspect has "the right to remain silent" etc. > > This comes from a decision in 1966 that police must ensure a suspect > understands > his rights (not to incriminate himself) and waives them only "knowingly > and > intelligently." > > Now comes a case where a suspect was warned, and was then questioned for > nearly > three hours, during which time he said almost nothing. A detective then > began > asking the suspect about his religious beliefs: "Do you pray to God to > forgive you > for shooting that boy down?" The suspect said, "Yes," but refused to > make any > further confession. The prosecution introduced the statement as > evidence, and a > jury convicted. > > The case was appealed and went to the US Supreme Court. > > Four justices held that allowing the statement turns Miranda upside down > and that > criminal suspects must now unambiguously invoke their right to remain > silent-which, counterintuitively, requires them to speak. > > However, five justices held that after giving a Miranda warning, police > may > interrogate a suspect who has neither invoked nor waived his rights. > > So, I guess the right not to incriminate, in the US, is now opt-in only. > > ====================== (quote inserted randomly by Pegasus Mailer) > [email protected] [email protected] [email protected] > I'm out of my mind just now, but if you'd care to leave a message... > victoria.tc.ca/techrev/rms.htm blog.isc2.org/isc2_blog/slade/index.html > http://blogs.securiteam.com/index.php/archives/author/p1/ > http://www.infosecbc.org/links http://twitter.com/rslade > > _______________________________________________ > Fun and Misc security discussion for OT posts. > https://linuxbox.org/cgi-bin/mailman/listinfo/funsec > Note: funsec is a public and open mailing list. > > _______________________________________________ > Fun and Misc security discussion for OT posts. > https://linuxbox.org/cgi-bin/mailman/listinfo/funsec > Note: funsec is a public and open mailing list. >
_______________________________________________ Fun and Misc security discussion for OT posts. https://linuxbox.org/cgi-bin/mailman/listinfo/funsec Note: funsec is a public and open mailing list.
