Supreme Court Clarifies Miranda

On February 24, 2010, the U.S. Supreme Court decided Maryland v. Shatzer, in which it reinstated a defendant’s child abuse conviction and announced a new rule that permits the police to resume questioning of suspects (who had previously invoked their right to remain silent) 14 days after they’re released from police custody. This ruling expands the ability of law enforcement officers to conduct suspect interviews in ongoing investigations where the body of evidence continues to build over time. The facts of Shatzer exemplify that a victim’s disclosure of sexual abuse is often a process that takes time, and the facts of this case presented the Court with an opportunity to create a common sense rule that appropriately balances the constitutional rights of the accused with the need to hold offenders accountable and seek justice for victims of crime.

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