Right to Remain Silent

Jun 02, 2010 11:06

The U.S. Supreme Court has just ruled that one's "right to remain silent" when questioned by the police only works if you explicitly announce your intent to invoke it.

The minority opinion (4 justices) states this turns Miranda rights upside down, shifting the burden of limiting police power away from those who have that power -- the police -- and puts it on those who have little power -- the suspects.

I think the ruling calls into question what we expect of police interrogation / inquiry, how we as a society think the police should operate. What does it mean to respect someone's right "to remain silent"? Does it only mean the police can't charge you with a crime if you don't answer their questions? If so, that allows them to continue questioning you in whatever manner they wish...a fairly weak right. Does it mean that if you say you wish to remain silent, the police must not again ask you that particular question? Does it mean that if you say you wish to remain silent, the police must stop asking you any questions? Where do we balance the rights of the individual against the needs of the state?

Perhaps more importantly, how to we attain a consensus on such a matter?

politics

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