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Discussion - 6

Discussion - 6

Q 1. In Berghuis v. Thompkins, 560 U.S. 370 (2010) (which can also be found in the Resources link), the Supreme Court considered the position of a suspect who understands his or her right to remain silent under Miranda v. Arizona and is aware he or she has the right to remain silent, but does not explicitly invoke or waive the right. Please read the case. Give me a summary of the facts of the case and a discussion of the opinion, both majority and dissent. 2. It is estimated that about 75% of suspects routinely waive their Miranda rights and talk to the police.1 Given that, discuss the impact of this decision on law enforcement.

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1. A very significant case in the history of United States is Miranda v. Arizona. This was the incident that led to the coming of the existence of some rights that came to be termed as “Miranda Rights” and they are still in practice. Again the case of Berghuis v. Thompkins, 560 U.S. (2010), Van Chester Thompkins was interrogated regarding his connection to a case of shooting where one of the victims died. When the process of interrogation was carried out, Thompkins stayed silent until after 3 hours of interrogation and eventually he was asked if he was asking for the forgiveness of the Almighty God to forgive him for the shooting that was conducted and whether he was responsible and guilty to which he said “yes”. During the course of the interrogation, Thompkins did never state that he wanted to stay silent or he wanted an attorney that would have brought an end to the whole conversation.