Justice John Paul Stevens blasts ruling on police questioning suspects

@xfahctor (14113)
Lancaster, New Hampshire
May 28, 2009 1:42pm CST
An angry Justice John Paul Stevens read aloud his disention opinion on a ruling by the suprme court to overturn a previous ruling which which did not allow police to interrogate a defendant once he invoked his right to counsel, a ruling which was written by Stevens in 1886. The Obama administration had asked the court to overturn Michigan v. Jackson, disappointing civil rights and civil liberties groups..." - A.P. At The National Law Journal, Marcia Coyle observed, "The timing and contrast were striking: As President Barack Obama introduced Judge Sonia Sotomayor to the nation as his U.S. Supreme Court nominee, Justice Antonin Scalia, sitting on the high court bench, read parts of a 5-4 decision overruling a 23-year-old precedent on the right to counsel." In his dissention, Stevens said "that contrary to the majority’s assertion, that decision protected “a fundamental right that the court now dishonors.” Ruling in favor of overturning the original opinion was Justice Scalia, Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr. original story - NYT http://www.nytimes.com/2009/05/27/us/27scotus.html?_r=1&ref=politics Washington Post http://www.washingtonpost.com/wp-dyn/content/article/2009/05/26/AR2009052601097.html?hpid=moreheadlines The National Law Journal http://www.law.com/jsp/article.jsp?id=1202430979440&As_Nominee_Is_Announced_High_Court_Issues_Police_Interrogation_Ruling_Two_Others
3 responses
@Kenorv (343)
• United States
28 May 09
I think this isn't that big of a deal. Just because the police can still question a suspect after he or she has asked for a lawyer doesn't mean that the suspect has to answer those questions. If the suspect does continue to answer questions after requesting council then the suspect has no one to blame but himself or herself. As long as the police are still required to recite a person's Miranda rights then a suspect should know that he or she doesn't have to say anything.
@Taskr36 (13963)
• United States
28 May 09
What you don't see is the abuse this opens the door to. With this police will have an incentive to delay counsel from arriving and continue to harry and intimidate the suspect with questions and accusations when he doesn't fully understand his rights.
@Adoniah (7512)
• United States
28 May 09
The police already intimidate people into admitting to things they did not do. With this final blockade out of their way they have carte blanche to do almost anything they want to do. They can intimidate someone until the cows come home. Each person has a different breaking point, and the average person is not trained to stand up to much punishment when it comes to interigation. That is all the police need. When they decide someone is guilty, they really go after them. This is just one more point that proves we are now under a Communist control!!! Shalom~Adoniah
@Taskr36 (13963)
• United States
28 May 09
The funny thing is, if Bush were doing this you'd hear the left SCREAMING (rightfully so) about how he was trying to take away the basic protections in place for people suspected of a crime. I'm telling you right now that the left will remain utterly silent on this and the media won't speak a word of it since it is their messiah pushing it. In our society we treat criminal suspects as people that are completely ignorant of their rights. That is why we have Miranda warnings and it is also why one of the rights is the right to counsel. Just reading rights from a card doesn't give a suspect full understanding of their rights and many need a lawyer to be sure their rights are properly understood. and respected. Now all the cops have to do is delay the lawyer from getting to his client while they rigorously continue questioning and intimidating him.