Jump To Navigation

Blog Post

The Erosion of Rights

Posted by: Nicole DeBorde
June 02, 2010
Topic: Rights

In a recent decision, the Supreme Court delivered a blow to one of our constitutional rights. Berghuis v. Thompkins (08-1470). According to the 5-4 decision, a suspect must unambiguously invoke his 5th amendment right to remain silent. In other words, a person must explicitly invoke the right to remain silent by not saying anything at all or, counter-intuitively, speaking only to say that he wishes to invoke the right. Any other statement, no matter how short or trivial, can be interpreted as a waiver of the right to remain silent. In the Thompkins case, a shooting suspect remained silent after being given his Miranda warning. At the end of a three-hour interrogation, in which he remained silent, he simply said "yes" in response to the question of whether he prayed for forgiveness for the shooting. The federal circuit court suppressed his confession and overturned his conviction. The Supreme Court, however, reversed the circuit court on the grounds that the suspect waived his right to remain silent when he knowingly and voluntarily made a statement to police. Shockingly, saying a single word in response to three hours of police questioning is enough for the Supreme Court to declare that a person's 5th amendment right to remain silent has been waived. Thompkins underscores the fact that now more than ever it is important to have a zealous advocate fighting for your rights. As judicial decisions are eroding our constitutional rights, it is imperative to have a tough, experienced lawyer on your side.