will the new Miranda please stand up? - andrea

February 16, 2011 · 8:35 pm
will the new Miranda please stand up?

Excerpt:

Here we go again. Mr. Cheney Mason, of the Casey Anthony Defense team, is redressing his Miranda motion, in which he argues that Casey was questioned by authorities while she was effectively in “custody”.

However, as I discussed in a January 18th post, the Miranda Rights Law (based on Miranda v. Arizona) was, in June of 2010, changed by the Supreme Court’s ruling on the Berghuis v. Thompkins case.

. . in this new Miranda ruling, referred by the case Berghuis v. Thompkins, a suspect must make the invocation of their rights crystal clear, and then stop talking. A suspect can no longer expect to be protected by Miranda, though they will still be read their rights, it is incumbent on the suspect to stop talking.

READ MORE: http://andreadreamin.com/2011/02/16/will-the-new-miranda-please-stand-up/