Miranda

http://www.aolnews.com/nation/article/supreme-court-rules-on-miranda-protections/19498730?icid=main|main|dl1|link4|http%3A%2F%2Fwww.aolnews.com%2Fnation%2Farticle%2Fsupreme-court-rules-on-miranda-protections%2F19498730

So the new ruling on Miranda rights. I kinda ask the same question as Justice Sotomayor. You have the right to remain silent. BUT you have to say that you're gonna remain silent. Okaaay. Sure it's not a big thing to just say, "Yo, dude, I like totally invoke my Constitutional right to like remain silent." BUT, my understanding was that the criminal justice system was to favor the defendant. I don't know about you, but sometimes I get nervous and don't always do the brightest things. Heck, I freak out and start questioning my driving for the last ten minutes every time I see a police car (even an empty one!). If the police car is following me on the road, the freak out is even greater. So if I were ever to be detained by the police and have a bunch of questions fired at me, I'd probably pass out. (Now, assuming that I didn't attend law school,) I might not remember that I DO have the right to remain silent. I mean here I am sitting there trying to just keep my mouth shut and these people who are in charge keep asking me questions. They must know the law better than I do, right? I mean they're police officers, this is their job. Maybe since they keep badgering me, I have to talk?

I mean, if they want to say "Yes I did it!" fine. They should know to just keep their mouths shut. I think I'm thinking about a situation where the officers ask some questions, the suspect stays quiet. Then the police just keep badgering them until they wear down or start questioning whether they understood the warning properly.

I'm all for bagging the bad guy, but I also think there's a fine line to some things. To paraphrase someone, When fighting monsters, be sure not to become one yourself. I haven't read the case yet and haven't really digested this fully yet, but I'm not sure that I feel this to be in the original spirit of Miranda.

Not sure if it's a good, bad, or in the end neutral thing.

I would like to know if part of the warning is going to be changed so that suspects must be warned that they have the right to remain silent and that they must state that they want to invoke that right if they do. I think I'd feel better with it.

Like I said, it's early and I still need to digest this.