Saying You Are Silent…

June 7, 2010

The Supreme Court handed down a new twist on Miranda rights on Tuesday (see You Have the Right to Remain Silent.  But Don’t if You Want to Use It in the New York Times).  The case, Berghuis v. Thompkins, says one must speak up about their intent to use their right to remain silent in order to be protected under that right.  I am sure Criminal Procedure classes will be full of snarky “silence” comments next year.

If you are trying to find background information on Miranda or are curious about the state of the law prior to Thompkins, use the “Search for a database” or Directory tools to find a Criminal Procedure or Constitutional Law treatise.  I typed “Miranda” into the “Search for a database field” (“criminal procedure” and “constitutional law” would probably make more sense) and  Constitutional Rights of the Accused (CONRTACC) database was suggested which has a great sectionon the right to remain silent.  Be sure to click on the Table of Contents links to the left of documents you find as you will likely find some more helpful documents nearby.  Also, if you are having problems finding secondary documents giving you an in-depth discussion, run a search in the title field of the database for your subject (example below).

Search:  ti(remain! /3 silen!)    CONRTACC (database)