OK - now that we have been briefed on the Bill of Rights, what does this new Supreme Court decision really mean?
It is impossible to say at this early stage of the game just how this will play out. However, one item that clearly stands out is that now a person who is accused of a crime before he is read his Miranda Rights by an arresting officer may not have the "right" to remain silent. The reason being is that, based on the reading of the Supreme Court decision, a person's silence before he is read his Miranda Rights may be used as evidence against him.
In other words, if a person is stopped on suspicion of committing a criminal offense and is then asked questions by arresting officers but is not read his Miranda Rights (a common practice since a stop by arresting authorities does not automatically lead to an arrest), then the person's failure to make a statement may be introduced as evidence against him in a courtroom proceeding.
Apparently, from reading the decision, the only way to stop this is to immediately invoke the 5th Amendment Right to keep silent. At this point, once the right is invoked, this cannot be used against the person.
It is impossible to say at this early stage of the game just how this will play out. However, one item that clearly stands out is that now a person who is accused of a crime before he is read his Miranda Rights by an arresting officer may not have the "right" to remain silent. The reason being is that, based on the reading of the Supreme Court decision, a person's silence before he is read his Miranda Rights may be used as evidence against him.
In other words, if a person is stopped on suspicion of committing a criminal offense and is then asked questions by arresting officers but is not read his Miranda Rights (a common practice since a stop by arresting authorities does not automatically lead to an arrest), then the person's failure to make a statement may be introduced as evidence against him in a courtroom proceeding.
Apparently, from reading the decision, the only way to stop this is to immediately invoke the 5th Amendment Right to keep silent. At this point, once the right is invoked, this cannot be used against the person.
NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR
IS IT INTENDED TO BE LEGAL ADVICE. IF
THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.
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tausk
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