Professor Paul Butler on Tell Me More
Berghius v. Thompkins: Speak Up to Remain Silent
June 2nd, 2010
Tell Me More, NPR News, Washington D.C.
On June 1st, the Supreme Court declared that, in order to assert one's Miranda rights (including one's right to silence), one must affirmatively assert his invocation of that right. In other words, the Court decided that one had to speak up to remain silent.
In Berghuis v. Thompkins (full opinion), a suspect was detained and interrogated by police. The suspect was informed of his right to remain silent, and he remained silent, refusing to speak for hours, but never affirmatively asserting his Miranda rights. The interrogiation continued and, finally, when an officer asked the defendant whether he would pray to be forgiven for committing the crime, the defendant said that he would. This statement was used as evidence against him at trial. The Supreme Court affirmed the use of the statement.
Professor Paul Butler joined Michelle Martin on NPR's Tell Me More to discuss the issue. In the segment, Butler explains the ruling, especially highlting Justice Sotomayor's dissenting opinion, which notes that the decision runs counter to the original purpose of requiring Miranda warnings. Butler also explains why the dissenting vote of Sotomayor, a former prosecutor, might be a good sign for liberals.
Click here to download the segment.
