Supreme Court Curtails Miranda Rights - Now What Do We Do?

A Southfield, MI murder case in the United States Supreme Court dealt a shocking blow to your constitutional rights.

2011-06-22

June 22, 2011 (Press-News.org) A Southfield, MI murder case the United States Supreme Court dealt a shocking blow to your Constitutional rights. In essence, the Court gutted the People's right to remain silent under the long established Miranda Warnings.

Now, according the Supreme Court's 5 to 4 decision in Berghuis v. Thompkins, 08-1470, decided June 1, 2010, if the police read you your rights, your silence is no longer golden. Instead, you must speak up and specifically tell the police that you want to remain silent and that you will not answer any questions. If you do not "affirmatively assert" your right to silence, all bets are off. If you do not affirmatively tell the police you refuse to answer questions, the police may interrogate without restriction - as long as they want - until they get you to say something.

The critical lesson of this case is this: if you are ever confronted or questioned by the police, you MUST specifically tell them that you want to remain silent and that you refuse to answer questions. Just sitting there saying nothing for hours on end is now insufficient to invoke your right to remain silent.

Because of the Court's recent decision, remember to respectfully and politely tell the police the following:

I do not want to speak with you.
I refuse to answer questions.
I would like to speak with my attorney.
Then, do not waiver. And stand firm on your constitutional rights.

If and when the time comes that making a statement is in your best interest, you will have ample time to do so - after consulting with an experienced criminal defense attorney. Until then, tell the police you want to stay silent and that you refuse to answer questions. Also, ask for a lawyer. Then shut up! In the long run, this approach may keep a bad situation from getting worse. It may also keep you from going to prison.

The Law Office of John Freeman specializes in the defense of State and Federal Crimes.
Provided by: the Law Office of John Freeman
www.formerfedlawyer.com

ELSE PRESS RELEASES FROM THIS DATE:

Diabetic kidney disease more prevalent in US

2011-06-22

Over the past 2 decades the prevalence of diabetic kidney disease in the U.S. increased in direct proportion to the prevalence of diabetes itself, according to a study in the June 22/29 issue of JAMA. Diabetic kidney disease (DKD) is a common complication of diabetes and the leading cause of chronic kidney disease in the developed world. Approximately 40 percent of persons with diabetes develop DKD, which also accounts for nearly half of all new cases of end-stage renal disease (ESRD) in the United States. "Over time, the prevalence of DKD may increase due to the expanding ...

Certain drugs lower risk of diabetes for patients with rheumatoid arthritis or psoriasis

2011-06-22

In a study that included nearly 14,000 patients with rheumatoid arthritis or psoriasis, the use of certain disease-modifying antirheumatic drugs was found to lower the risk of diabetes, according to a study in the June 22/29 issue of JAMA. Two common systemic inflammatory conditions, rheumatoid arthritis (RA) and psoriasis, predispose patients to insulin resistance and may place patients at risk for diabetes mellitus (DM). The treatment of psoriasis and RA includes disease-modifying antirheumatic drugs (DMARDs) such as tumor necrosis factor (TNF) inhibitors, which are ...

Smoking may increase risk of prostate cancer recurrence, death

2011-06-22

Boston, MA – A new study from Harvard School of Public Health (HSPH) and University of California, San Francisco, researchers suggests that men with prostate cancer who smoke increase their risk of prostate cancer recurrence and of dying from the disease. A link also was found between smoking at the time of prostate cancer diagnosis and aggressive prostate cancer, overall mortality (death) and cardiovascular disease mortality. "In our study, we found similar results for both prostate cancer recurrence and prostate cancer mortality," said Stacey Kenfield, lead author ...

Supreme Court: Second Amendment Extends to State and Local Governments

2011-06-22

This year, in the case of McDonald v City of Chicago, the Supreme Court ruled that the Second Amendment extends throughout the United States and protects gun owners in every state and municipality. The Court unequivocally affirmed an individual's right to own handguns for self-defense. While gun-control laws may still be legal, the Court has also effectively prohibited states and localities from complete bans on gun ownership. In short, gun control efforts will be subjected to constitutional scrutiny and analysis. If restrictions go too far, courts are likely to find such ...

Diabetic kidney disease on the rise in America, despite improved diabetes care

2011-06-22

Diabetic kidney disease has become more prevalent in the United States over the past 20 years, despite a substantial increase in the use of medications for the treatment of people with diabetes, according to a study to be published June 22 in JAMA, the Journal of the American Medical Association. These medications include drugs that lower glucose, blood pressure and lipids. The widespread application of medications proven to improve health in clinical trials has markedly bettered the control of blood sugar, blood pressure, and cholesterol in the diabetic population ...

Court Dismisses Federal Drug Case for Government's Violation of Constitutional Rights

2011-06-22

After two days of testimony by members of the Drug Enforcement Administration (DEA) and the United States Marshals Service (USMS), the United States District Court in Detroit granted the defendant's motion to dismiss the indictment, and immediately released Jesus Manuel Caro-Villalobos of Silt, Colorado, from custody. The Court ruled that the government clearly violated Mr. Caro's constitutional right to a speedy-trial. See U.S. v. Caro-Villalobos, EDMI, # 00-80572. Regarding the Court's decision, Mr. Caro's attorney, former federal prosecutor John Freeman of Troy, remarked, ...

Smoking during pregnancy lowers levels of 'good' HDL cholesterol in children

2011-06-22

Researchers in Australia have discovered that mothers who smoke during pregnancy are causing developmental changes to their unborn babies that lead to them having lower levels of the type of cholesterol that is known to protect against heart disease in later life – high-density lipoprotein (HDL) cholesterol. The research, published online today in the European Heart Journal [1], showed that, by the age of eight years, children born to mothers who smoked while they were pregnant had HDL cholesterol levels of about 1.3 millimoles per litre (mmol/L), compared to the more ...

Immediate Issues After a Traumatic Brain Injury (TBI)

2011-06-22

Every year more than 20,000 people in Indiana sustain a traumatic brain injury (TBI). Nationwide, about one million people experience a TBI each year. Medical advancements have reduced fatalities from brain injuries, but as a result many people are now living with disabilities stemming from brain injuries. A TBI is defined by the Center for Disease Control and Prevention (CDC) as an injury that occurs when "impact to the head results in disruption of brain functioning." There are a variety of causes of TBI, with motor vehicle accidents being one of the most common. ...

Self-cleaning anodes could facilitate cost-effective coal-powered fuel cells

2011-06-22

Using barium oxide nanoparticles, researchers have developed a self-cleaning technique that could allow solid oxide fuel cells to be powered directly by coal gas at operating temperatures as low as 750 degrees Celsius. The technique could provide a cleaner and more efficient alternative to conventional power plants for generating electricity from the nation's vast coal reserves. Solid oxide fuel cells can operate on a wide variety of fuels, and use hydrocarbons gases directly – without a separate reformer. The fuel cells rely on anodes made from nickel and a ceramic ...

Thousands of patients prescribed high-risk drugs

2011-06-22

Thousands of patients in Scotland who are particularly vulnerable to adverse drug events (ADEs) were prescribed high-risk medications by their GPs which could potentially cause them harm, according to research published on BMJ.com today. Although at least some of this prescribing will be appropriate because prescribers and patients are balancing risks and benefits when there may be no clearly 'correct' course of action, the study also finds that there was significant variation in the prescribing practices between the GPs surgeries surveyed. This variation could not ...

Supreme Court Curtails Miranda Rights - Now What Do We Do?

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: