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Old June 2, 2010, 09:56 AM   #17
vranasaurus
Senior Member
 
Join Date: November 16, 2008
Posts: 1,184
The problem with expecting people to "know their rights" is that in order to know exactly what your rights are you have to be versed USSC case law.

Let's also remember that miranda only applies to custodial interrogations, so to a certain extent in dealing with the police you still have to know what your rights are.

I see no harm in forcing the police to tell a suspect that they have certain rights.

This decision in no way gutted miranda. Police are still required to inform suspects of their rights but the suspect has a duty to affirmatively invoke if they wish to do so.

This ruling doesn't stop a suspect from remaining silent but the police will not stop asking questions until the suspect tells them they no longer wish to answer any questions.

If the police are required to inform suspects of their rights I see no problem with requiring suspects to inform the police of their choice to invoke their rights.
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