CORNELL Berghuis V. Thompkins Decision On Law Enforcement Case Study

Business Finance

1. In Berghuis v. Thompkins, 560 U.S. 370 (2010) (which can also be found in the Resources link), the Supreme Court considered the position of a suspect who understands his or her right to remain silent under Miranda v. Arizona and is aware he or she has the right to remain silent, but does not explicitly invoke or waive the right. Please read the case. Give me a summary of the facts of the case and a discussion of the opinion, both majority and dissent.

2. It is estimated that about 75% of suspects routinely waive their Miranda rights and talk to the police.1 Given that, discuss the impact of this decision on law enforcement.

1 Richard A. Leo, “The Impact of Miranda Revisited,” 86 J. Crim. L. & Criminology 621, 653 (1996).

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