SILENCE DOES NOT NECESSARILY MEAN ONE WISHES TO REMAIN SILENT

The United States Supreme Court has upheld the denial of a Miranda challenge in Berghuis v. Thompkins. In this decision, the Court held that a Defendant's remaining silent during virtually his entire interrogation did not constitute a valid invocation of his Fifth Amendment Miranda rights; the Defendant, towards the end of the interrogation, stated that he wanted God to forgive him for the shooting and had sought to have this statement excluded.

In so holding, the Court re-affirmed that Miranda invocations must be unambiguous. To hold otherwise, the Court reasoned, would not provide an objective standard for determining when Miranda rights have been invoked. Accordingly, a Defendant must assert his rights in a way that is clear and unambiguous.