Berghuis v. Thompkins,
1. In Berghuis v. Thompkins, 560 U.S. ___ (2010) (which can also be found in the Resources link), the Supreme Court considered the position of suspects who understand their right to remain silent under Miranda v. Arizona and are aware that they have the right to remain silent, but do not explicitly invoke or waive the right. Please read the case, then summarize the facts of the case and discuss the court’s 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 the Berghuis decision on law enforcement.
Review the grading rubric for forums, which can be found in the Resources link. Outside research to address this forum is encouraged and rewarded within the grading rubric. Your initial post must be: (a) a minimum of 500 words, (b) be posted by Wednesday, and (c) thoroughly answer the questions posed. All citations must be in Bluebook format. You are required to respond to at least two of your classmates’ postings. Each responsive post must be: (a) at least 250 words each, (b) posted no later than Sunday, and (c) substantive in nature (not just a “great job” kind of post).
1 Richard A. Leo, “The Impact of Miranda Revisited,” 86 J. Crim. L. & Criminology 621, 653 (1996).