Q&A Episode 9: What's happened to our Miranda rights?
Q&A is a public access program on Reading Community Television (RCTV) designed to raise questions and provide answers to issues of importance to the community.
In Q&A Episode 9: What's happened to our Miranda rights? host Massachusetts attorney and educator Kendra Cooper (kendracooperlaw.com) discusses with guests Attorney James Milligan (MassDrunkDriving.com) and Attorney Mark Stevens (ByeByeDWI.com) the potential impact of a U.S. Supreme Court June 1, 2010 decision which erodes Miranda rights.
In 1966 Miranda v. Arizona, the Court established that police must warn people on their Constitutional right to "remain silent" and "consult with an attorney" before being interrogated in the custody of the police. According to US Supreme Court Justice Sotomayor in her dissent, the June 1 2010 decision in Berghuis v Thompkins turns that Miranda warning "upside down." People now must know to "counter-intuitively" break their silence by stating they wish to remain silent; otherwise, anything said in hours of interrogation may be construed as waiving their right to be silent and may be used as evidence against them.
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