Assertion
If the defendant asserts his right to remain silent all interrogation must immediately stop and the police may not resume the interrogation unless the police have "scrupulously honored" the defendant’s assertion and obtain a valid waiver before resuming the interrogation. In determining whether the police “scrupulously honored” the assertion the courts apply a totality of the circumstances test. The most important factors are the length of time between termination of original interrogation and commencement of the second and a fresh set of Miranda warnings before resumption of interrogation.
The consequences of assertion of Fifth Amendment right to counsel are stricter. The police must immediately cease all interrogation and the police cannot reinitiate interrogation unless counsel is present (merely consulting with counsel is insufficient) or the defendant of his own volition contacts the police. If the defendant does reinitiate contact, a valid waiver must be obtained before interrogation may resume.
In Berghuis v. Thompkins, the Court ruled that a suspect must clearly and unambiguously assert right to silence. Merely remaining silent in face of protracted questioning is insufficient to assert right.
Read more about this topic: Miranda Warning
Famous quotes containing the word assertion:
“What causes adolescents to rebel is not the assertion of authority but the arbitrary use of power, with little explanation of the rules and no involvement in decision-making. . . . Involving the adolescent in decisions doesn’t mean that you are giving up your authority. It means acknowledging that the teenager is growing up and has the right to participate in decisions that affect his or her life.”
—Laurence Steinberg (20th century)
“I feel a kind of reverence for the first books of young authors. There is so much aspiration in them, so much audacious hope and trembling fear, so much of the heart’s history, that all errors and shortcomings are for a while lost sight of in the amiable self assertion of youth.”
—Henry Wadsworth Longfellow (1807–1882)
“Even to this day it is easier than it ought to be for me to get a rise out of an American by telling him something about himself which is equally true about every human being on the face of the globe. He at once resents this as a disparagement and an assertion on my part that people in other parts of the globe are not like that, and are loftily superior to such weaknesses.”
—George Bernard Shaw (1856–1950)