(For the youngsters and any one who can’t read my mind, the “Bye, bye, bye Miranda” title is an allusion to “Why, why, why, Delilah” from the tune Delilah by Tom Jones.)
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 the suspect had the duty to invoke his rights. If he failed to do so, his later words can be used to convict him, the justices said.
Speaking for the dissenters, Justice Sonia Sotomayor said the rulings “marks a substantial retreat from the protections against compelled self-incrimination that Miranda v. Arizona has long provided.”
Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen G. Breyer joined her dissent.
Justice Kenedy characterized the ruling as a “minor” change. On the contrary–by removing the obligation of notification from law enforcement and interrogators the court has gutted Miranda. The notification requirement was not a minor aspect of the law at all. It was pretty much the whole f-ing point.
Can anyone say “Kafkaesque”?
This so-called “conservative” majority is the most radical, activist, group of corporate shills that has ever sat on the court. Not just that but they are liars and hypocrites, too.
In view of this US Supreme Court decision, it would behoove civil rights organizations to distribute first-person versions (“I have the right…) of Miranda rights on laminated wallet cards or self-stick doohickeys that could be applied to the back of a driver’s license or other ID.
For kicks it could be prefaced with “I am a deaf/mute.”
In the meantime, you may want to print this and cut it out:
I have the right to remain silent. I have the right to an attorney and to have him present while I am questioned. If I cannot afford an attorney, you must appoint one to me before questioning me. Do you understand these rights as they have been read by/to you?
For good measure you might want to post this on your doors: