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MNeagle
1st June 2010, 08:02 AM
The Supreme Court says suspects must explicitly tell police they want to be silent to invoke their Miranda protection during interrogations.

A right to remain silent and a right to a lawyer are the first of the Miranda-rights warnings, which police recite to suspects during arrests and interrogations. But the justices on Tuesday said suspects must tell police they are going to remain silent to stop an interrogation, just as they must tell police that they want a lawyer.

The ruling comes in a case where a suspect remained mostly silent for a three-hour police interrogation before implicating himself in a murder. He appealed his conviction, saying he invoked his Miranda right to remain silent by remaining silent.

Meanwhile, the court agreed to hear a challenge by medical colleges and teaching hospitals of a Treasury Department regulation requiring payment of Social Security taxes on behalf of medical residents.

Under a 2005 Treasury Department rule, medical residents and other "full-time employees" don't qualify for the general student exemption from Social Security taxes. At stake is the tax treatment of medical residents nationwide, of which there are currently about 100,000, and $700 million in annual revenue to the federal government, according to court papers.

The Mayo Clinic and the University of Minnesota challenged the Treasury ruling and also have sought refunds for Social Security taxes they already paid on behalf of medical residents. The St. Louis-based Eighth U.S. Circuit Court of Appeals sided with the IRS in a ruling last June.

In their petition to the Supreme Court, the Mayo Clinic and University of Minnesota said four other federal appeals courts have sided with hospitals against the government on the issue. That leaves medical residents in the Eighth Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota—subject to taxes that their peers elsewhere in the U.S. don't have to pay, they argued.

The Social Security tax represents 12.4% of wages. Half of the tax is paid by the employer and half by the employee. For a medical resident earning a $50,000 stipend, that represents $3,100 paid by the resident and $3,100 paid by the hospital.

A number of other schools, including Georgetown University, Loyola University Medical Center and the University of Tennessee submitted friend-of-the-court briefs supporting the challenge. The medical schools argue that residents are primarily there to learn, not to provide services for the hospital, which makes them more like students than employees.

The government argues that the Treasury regulation offers a "bright-line test" of 40 or more hours worked for an employee to be considered full time. Medical residents, who work anywhere from 50 to 90 hours a week, clearly meet that test, the government argued.

Whether or not to tax medical residents is "an issue of significant administrative and fiscal importance to the Treasury," U.S. Solicitor General Elena Kagan wrote in the government's brief opposing the petition.

Oral arguments in the case are likely to take place in the fall.

http://online.wsj.com/article/SB10001424052748704875604575280392747737022.html?m od=WSJ_hpp_MIDDLETopStories

TheNocturnalEgyptian
1st June 2010, 12:02 PM
http://www.msnbc.msn.com/id/37448356/ns/us_news-crime_and_courts/

WASHINGTON - The Supreme Court ruled Tuesday that suspects must explicitly tell police they want to be silent to invoke Miranda protections during criminal interrogations, a decision one dissenting justice said turns defendants' rights "upside down."

A right to remain silent and a right to a lawyer are the first of the Miranda rights warnings, which police recite to suspects during arrests and interrogations. But the justices said in a 5-4 decision that suspects must tell police they are going to remain silent to stop an interrogation, just as they must tell police that they want a lawyer.

The ruling comes in a case where a suspect, Van Chester Thompkins, remained mostly silent for a three-hour police interrogation before implicating himself in a Jan. 10, 2000, murder in Southfield, Mich. He appealed his conviction, saying that he invoked his Miranda right to remain silent by remaining silent.


But Justice Anthony Kennedy, writing the decision for the court's conservatives, said that wasn't enough.

"Thompkins did not say that he wanted to remain silent or that he did not want to talk to police," Kennedy said. "Had he made either of these simple, unambiguous statements, he would have invoked his 'right to cut off questioning.' Here he did neither, so he did not invoke his right to remain silent."

Justice Sonia Sotomayor, the court's newest member, wrote a strongly worded dissent for the court's liberals, saying the majority's decision "turns Miranda upside down."

"Criminal suspects must now unambiguously invoke their right to remain silent — which counterintuitively, requires them to speak," she said. "At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so. Those results, in my view, find no basis in Miranda or our subsequent cases and are inconsistent with the fair-trial principles on which those precedents are grounded."

Van Chester Thompkins was arrested for murder in 2001 and interrogated by police for three hours. At the beginning, Thompkins was read his Miranda rights and said he understood.

The officers in the room said Thompkins said little during the interrogation, occasionally answering "yes," "no," "I don't know," nodding his head and making eye contact as his responses. But when one of the officers asked him if he prayed for forgiveness for "shooting that boy down," Thompkins said, "Yes."

He was convicted, but on appeal he wanted that statement thrown out because he said he invoked his Miranda rights by being uncommunicative with the interrogating officers.

The Cincinnati-based appeals court agreed and threw out his confession and conviction. The high court reversed that decision. The case is Berghuis v. Thompkins, 08-1470.

joe_momma
1st June 2010, 12:27 PM
I think SCOTUS got this one correct - the decision is no different that the requirement that you invoke the 5th Amendment (protection from self-incrimination) when testifying in front of Congress - without the unambiguous requirement every defense lawyer would have argued that their client meant to remain silent just by thinking about remaining silent -

One could argue, that for the guilty (i.e., the ones who need the protection assured by Miranda/5th), that not committing the crime in the first place would probably have prevented this issue of self-incrimination from happening.

PS - Where is my McDonald vs. Chicago ruling? (This may permit the 2nd Amendment to apply to the States as well as the Federal governments)

Twisted Titan
1st June 2010, 12:53 PM
http://www.youtube.com/watch?v=jhbJd2USUDI

I am me, I am free
1st June 2010, 02:16 PM
It's really a no-brainer - the only reason a cop talks to you is to get information which can be used against you.

Quantum
1st June 2010, 02:25 PM
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