MIRANDA RULES 4
Mirandarights are a precaution statement that the United States’ policeofficers use to warn arrested suspects that they have a right tocounsel and decline permissibility of the information they giveagainst them during criminal proceedings. Once a police read theMiranda warning to the defendant, he, or she should invoke it bestating, “Iam going to remain silent. I would like to see a lawyer(Komisaruk, 2007).”
Berghuisv. Thompkins, 560 U.S. 370 (2010)
Thedefendant in the case failed to invoke his Miranda rightseffectively. Detective Christopher Helgert interrogated the suspectat the Southfield police department regarding a gun attack onFrederick France and Samuel Morris a year back. The detective readMiranda warnings to Thompkins before he begun the interrogation. Thesuspect gave verbal reply that he understood his rights. Nonetheless,he did not sign a form to indicate that he acknowledged the rights ofthe act. Instead, he opted just to observe silence in a large sectionof the interview. However, he occasionally responded to thedetective’s questions with short statements such as “I do notknow”, “yeah”, and “no”. Towards the end of the interview,Thompkins also verbally responded “yes” after the detective askedhim whether he had regrets for “shooting that boy down” (Harr etal., 2007).
TheSupreme Court decided that the suspect’s statement wereself-incriminating because he failed to invoke the Miranda rightsunambiguously. Besides, the occasional response to the interrogator’squestions implies that he had waivered his right to silence, and hisstatements could in turn be used as evidence against him (Harr etal., 2007).
Berkemerv. McCarty, 468 U.S. 420
Inthe case, the Supreme Court ruled that the Miranda rights protectedthe defendant because the police officer did not caution him that hehad a right to remain silent. The traffic officer stopped thesuspect’s car and began interrogating him thus, the incriminatingevidence the culprit revealed could not be used as evidence againsthim (Harr et al., 2007).
Komisaruk,K. (2007). Howto invoke Miranda rights.Law Collective. Web, retrieved on Retrieved on October 16, 2014 fromhttp://www.lawcollective.org/article.php?id=114
Harr,J. S., Hess, M. H., & Orthmann, C. H. (2012). Constitutionallaw and the criminal justice system (5th ed.).Belmont, CA: Wadsworth.