More From Eric Dixon at http://www.NYBusinessCounsel.com

Support Independent Investigations With Bitcoin:
Send Bitcoin Here: 171GMeYRD7CaY6tkXs8dSTjLbAtFazxhVL

Top 50 Twitter Rank of Worldwide Startup Advisors For Much of 2014
. Go to my professional site for solutions to your legal, business and strategic problems. The only lawyer who is a co-inventor of multiple, allowed-for-grant patents on blockchain technology!!! Blockchain and Digital Currency Protocol Development --
Top Strategic Judgment -- When You Need A Fixer -- Explore Information Protection and Cryptographic Security -- MUST-WIN: JUST DON'T LOSE -- SURVIVE!: Under Investigation? Being Sued? Handling Extreme Stress -- Corporate Issues -- Startup Issues -- Investor Issues -- Contracts To Meet Your Needs -- Opposition Research -- Intellectual Property, Media and Reputation Issues -- Independent, top-notch legal, strategic and personal advice -- Extensive ghostwriting, speechwriting, book writing, issue research, press and crisis management services. Listed by American Bar Association's Law Bloggers (Blawgers). Contact EDixon@NYBusinessCounsel.com. European Union audiences: This site uses a third party site administrator which may use cookies but this site is intended for AMERICAN clients and prospective clients only!

Tuesday, June 1, 2010

The Right to Remain Silent

The classic right to remain silent under the Fifth Amendment has been part of our culture -- in addition to our jurisprudence -- for decades thanks to Miranda v. Arizona.

News reports -- This morning the Supreme Court narrowed Miranda. See its decision in Berghuis v. Thompson.  Now, you cannot invoke your right to remain silent by remaining silent. You must speak it. In other words, you must declare your assertion of the right.

I see all sorts of problems. Your declaration of the right is dependent, after all, on the fidelity of the people who have you in custody to follow the rules. This equates to: trust us, we'll report that you invoked your right.

Just like the age-old question -- if a tree falls in the forest and no one hears it, did a tree really fall? -- this decision is ripe for abuse by police and others, who will be free to negate your Miranda rights by simply failing to report, acknowledge or admit that you've voiced your assertion of the right. 

I think about the person who screams as loudly as he can, while being blithely ignored.

Now that your Miranda right may now be only as good as your captor's willigness to acknowledge your right, you now have the functional equivalent of no right, since a right by definition should not depend on the actions or benevolence of anyone else. This ruling today changes the equation, for the worse.

No comments:

Post a Comment