Miranda minged?

["Rob, grandpa of Ryan, Trevor, Devon & Hannah" <rMslade () shaw ca>]

I came across a very interesting article today:

http://online.wsj.com/article/SB100014240527487048756045752803927477370
22.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)
rslade () vcn bc ca     slade () victoria tc ca     rslade () computercrime org
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