Analysis: Tilting Miranda toward the police

Berghuis v. Thompkins, Opinion recap

More than four decades after the Supreme Court ordered police to warn suspects about their rights before questioning them, the actual day-to-day practice has not turned out to be a simple ritual under clear ground rules. Encounters in interrogation rooms still and often are a test of wills, with detectives trying to get answers and suspects trying to avoid talking themselves into deeper trouble. As a result, the Court often has had to reinterpret its ... Full Story »

Posted by Beth Wellington - via Google News (U.S.), Gian Antelles (t)

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Review

Beth Wellington
4.1
by Beth Wellington - Jun. 1, 2010

Denniston, who has written on the Supreme Court for over 50 years provides more depth in this recap than can be found in the pieces breaking in the mainstream media, such as at the LA Times and WSJ. I would have liked it, however, if he had, as in the other articles, quoted from the dissent. (I've included that statement in quotes, although it comes from the AP story, not this one.

Note that Chief Justice Roberts enlisted Kennedy to write this opinion (and cast the fifth vote), as was the case of Corporations United. Does this mean that Kennedy is no longer serving as a swing vote?

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