Supreme Court Modifies Miranda Rule

Wall St. Journal:  “Criminal defendants won’t get the benefit of the Miranda rule against self-incrimination unless they specifically invoke it, the Supreme Court said Tuesday [June 1, 2010].”  See the 5-4 opinion in the case of  Berghuise, Warden v. Thompkins.

The case involves Van Chester Thompkins who was being investigated for murder when the police asked Thompkins if he prayed for forgiveness for “shooting that boy down.”  Thompkins said, “Yes.”  The U.S. Supreme Court ruled against Thompkins and said that his Miranda rights were not violated and the question and answer could be admitted into evidence at his trial.