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:
“When liberty is mentioned, we must always be careful to observe whether it is not really the assertion of private interests which is thereby designated.”
—Georg Wilhelm Friedrich Hegel (1770–1831)
“Emancipation should make it possible for woman to be human in the truest sense. Everything within her that craves assertion and activity should reach its fullest expression; all artificial barriers should be broken, and the road towards greater freedom cleared of every trace of centuries of submission and slavery.”
—Emma Goldman (1869–1940)
“What stunned me was the regular assertion that feminists were “anti-family.” . . . It was motherhood that got me into the movement in the first place. I became an activist after recognizing how excruciatingly personal the political was to me and my sons. It was the women’s movement that put self-esteem back into “just a housewife,” rescuing our intelligence from the junk pile of “instinct” and making it human, deliberate, powerful.”
—Mary Kay Blakely (20th century)