Washington — The Supreme Court retreated from strict enforcement of the famous Miranda decision on Tuesday, ruling that a crime suspect's words could be used against him if he failed to clearly invoke his rights clearly and, instead, answered a single question.
In the past, the court has said the "burden rests on the government" to show that a crime suspect has "knowingly and intelligently waived" his rights.
But in a 5-4 decision Tuesday, the court said that a citizen must invoke his rights. If he fails to do so, anything he says can be used to convict him, the justices said.
Justice Anthony M. Kennedy wrote that police were "not required to obtain a waiver" of the suspect's "right to remain silent before interrogating him."
In this case, Michigan police had informed the suspect, Van Thompkins, of his rights, including the right to remain silent. Thompkins said he understood, but he did not tell the officer he wanted to stop the questioning or speak to a lawyer.
But he sat in a chair and said nothing for about two hours and 45 minutes. At that point, the officer asked, "Do you pray to God to forgive you for shooting that boy down?"
"Yes," Thompson said and looked away. He refused to sign a confession or speak further, but he was convicted of first-degree murder, based largely on his one-word reply.
The U.S. 6th Circuit Court of Appeals overturned Thompkins' conviction on the grounds that the use of the incriminating answer violated his right against self-incrimination under the Miranda decision.
The Supreme Court reversed that ruling of a lower court ruling and reinstated the conviction. "A suspect who has received and understood the Miranda warnings and has not invoked his Miranda rights waives the right to remain silent by making an uncoerced statement to the police," Kennedy said. He was joined by Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr.
The court ruled that an ambiguous situation would be treated in favor of the police.
Justice Sonia Sotomayor, in a dissent longer than the majority opinion, argued that the majority misread precedent and reached beyond the facts of the case to impose a tough new rule against defendants.
"Today's decision turns Miranda upside down," Justice Sotomayor wrote. "Criminal suspects must now unambiguously invoke their right to remain silent—which, counter intuitively, requires them to speak."
Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen G. Breyer joined her dissent.
The majority ruling is in line with the position taken by the Obama administration and Supreme Court nominee U.S. Solicitor General Elena Kagan. In December, she filed a brief on the side of Michigan prosecutors and argued that "the government need not prove that a suspect expressly waived his rights."
She said that "if a suspect knows and understands his Miranda rights," anything he says can be used against him in court.
In the past, the court has said the "burden rests on the government" to show that a crime suspect has "knowingly and intelligently waived" his rights.
But in a 5-4 decision Tuesday, the court said that a citizen must invoke his rights. If he fails to do so, anything he says can be used to convict him, the justices said.
Justice Anthony M. Kennedy wrote that police were "not required to obtain a waiver" of the suspect's "right to remain silent before interrogating him."
In this case, Michigan police had informed the suspect, Van Thompkins, of his rights, including the right to remain silent. Thompkins said he understood, but he did not tell the officer he wanted to stop the questioning or speak to a lawyer.
But he sat in a chair and said nothing for about two hours and 45 minutes. At that point, the officer asked, "Do you pray to God to forgive you for shooting that boy down?"
"Yes," Thompson said and looked away. He refused to sign a confession or speak further, but he was convicted of first-degree murder, based largely on his one-word reply.
The U.S. 6th Circuit Court of Appeals overturned Thompkins' conviction on the grounds that the use of the incriminating answer violated his right against self-incrimination under the Miranda decision.
The Supreme Court reversed that ruling of a lower court ruling and reinstated the conviction. "A suspect who has received and understood the Miranda warnings and has not invoked his Miranda rights waives the right to remain silent by making an uncoerced statement to the police," Kennedy said. He was joined by Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr.
The court ruled that an ambiguous situation would be treated in favor of the police.
Justice Sonia Sotomayor, in a dissent longer than the majority opinion, argued that the majority misread precedent and reached beyond the facts of the case to impose a tough new rule against defendants.
"Today's decision turns Miranda upside down," Justice Sotomayor wrote. "Criminal suspects must now unambiguously invoke their right to remain silent—which, counter intuitively, requires them to speak."
Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen G. Breyer joined her dissent.
The majority ruling is in line with the position taken by the Obama administration and Supreme Court nominee U.S. Solicitor General Elena Kagan. In December, she filed a brief on the side of Michigan prosecutors and argued that "the government need not prove that a suspect expressly waived his rights."
She said that "if a suspect knows and understands his Miranda rights," anything he says can be used against him in court.
"Cops that lie, need to die!" A police officer that lies to get an arrest or send someone to prison should be shot.
"In the U.S., a cop with a gun can commit the most heinous crime and be given the benefit of the doubt."
"The U.S. Government does not have rights, it has privileges delegated to it by the people."
"In the U.S., a cop with a gun can commit the most heinous crime and be given the benefit of the doubt."
"The U.S. Government does not have rights, it has privileges delegated to it by the people."