Another small step towards getting rid of Miranda all together:
A Michigan man will continue serving a life sentence for murder after the U.S. Supreme Court ruled today that he gave up his rights against self-incrimination because he did not explicitly tell police he wanted to remain silent after his arrest.***
Justice Anthony Kennedy, writing for the majority, said Thompkins could have ended the questioning by telling the police he wanted to invoke his right to remain silent.
In a dissent, Justice Sonia Sotomayor said the decision “turns Miranda upside down.” It’s counterintuitive, she said, to require a suspect to speak in order to exercise the right to remain silent.
When I read this, one of the very first things that came to mind was whether or not Elena Kagan is a lesbian.