In recent years, DNA exonerations have brought to light what are perceived as flaws in police photo lineup procedures. In some cases where DNA evidence has later cleared an incarcerated suspect, one of the factors in the original conviction may have been the false identification of the suspect in a photo lineup by an eyewitness. Advocacy groups have seized upon these … [Read more...]
Berghuis v. Thompkins: Supreme Court Clarifies “Right to Remain Silent”
The US Supreme Court (SCOTUS) published its opinion in Berghuis v. Thompkins on Tuesday, stating that invoking the right to remain silent requires the suspect to make an actual announcement that he does not want to speak to the police. The right to remain silent is a major portion of the Miranda decision, as is the right to counsel. The court, clarifying the silence … [Read more...]