Today the Supreme Court tweaked the Fifth Amendment by its 5-4 ruling which alters the Miranda ruling. Interesting that the political right is not overly concerned about weakening the Fifth Amendment.
From the L.A. Times:
"In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. As a result of Miranda, anyone in police custody must be told four things before being questioned:
The Supreme Court backed off Tuesday from strict enforcement of its historic Miranda decision, ruling that a crime suspect's words can be used against him if he fails to clearly tell police that he does not want to talk.
In the past, the court said the "burden rests on the government" to show that a crime suspect had "knowingly and intelligently waived" his rights...
But in Tuesday's 5-4 decision, the court shifted the balance in favor of the police, saying a suspect has a duty to speak up and say he does not want to talk.
Moreover, the police are "not required to obtain a waiver" of the suspect's "right to remain silent before interrogating him," Justice Anthony M. Kennedy wrote."
1.You have the right to remain silent.
2.Anything you say can and will be used against you in a court of law.
3.You have the right to an attorney.
4.If you cannot afford an attorney, one will be appointed for you.
Read the historic U.S. Supreme Court decision: Miranda v. Arizona. http://caselaw.lp.findlaw.com/script...=384&invol=436
Obama's appointee Sotomayer wrote the minority opinion but Obama's current nominee Kagan appears to be on the other side of this issue.
The Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
More on the Fifth and Police interrogation: http://caselaw.lp.findlaw.com/data/c...nt05/09.html#1