Wednesday, June 2, 2010

Better To Remain Silent And Appear Foolish...

...than to open it and remove all doubt.

Remember: most perps are stupid and/or egotistical, and cannot help opening their yaps under questioning, even after being told their rights. But police have been hampered by Supreme Court doctrine that self-incrimination was a sacred cow. Not quite so much now.

Berghuis v. Thomkins was handed down yesterday by the Supreme Court, in a serious revision of the Miranda Rights that we all know by heart. I was always of the opinion that Miranda went too far (thank you, Warren Court!) and this is a good move back towards center. Short version: you can still remain silent, you still never have to answer any questions unless you want to, but the cops can still ask you the questions unless you clearly tell them, "No, I want counsel present before answering any questions."

For more, see Power Line - Miranda pruned.

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