Congressional Digest

Excerpt

Thanks to the landmark Supreme Court decision Miranda v. Arizona (1966), most Americans know that “you have the right to remain silent” when being interrogated by law enforcement. But how and when that right is exercised has been a subject of fierce debate in the 44 years since Miranda was decided.
Last term, a sharply divided Supreme Court ruled in the case of Berghuis v. Thompkins that in order to end a police interrogation, a suspect has to actively invoke his Miranda rights — the mere fact that he remains silent, even for over two hours, is not enough to stop law enforcement from continuing to ask…