Constitutional Law
Jun. 12, 2010
Supreme Court Reinforces Fifth Amendment Doctrine Against Lower Courts
The Supreme Court's recent decision regarding the Miranda doctrine isn't aimed at police officers or even state courts. Rather, it targets the lower federal judiciary, explains Robert Weisberg of Stanford University.
Berghuis v. Thompkins has launched a fascinating debate about what is left of the Miranda doctrine, and therefore about how the Fifth Amendment regulates police conduct when they seek to interrogate suspects. If a defendant stands silent during three hours of attempted interrogation and then awkwardly blurts out one inculpatory remark in response to a highly manipulative appeal to his religion, has he knowingly waived his ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In