How we cite our quotes: (Section.Paragraph) or (Section.Subsection.Paragraph)
Quote #1
The prosecution may not use statements […] stemming from questioning […] unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination. (Syllabus.2)
This whole case revolves around the Fifth Amendment. The question becomes: how far does this "privilege against self-incrimination" go? And at what cost?
Quote #3
At the outset, if a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent. For those unaware of the privilege, the warning is needed simply to make them aware of it. (Opinion.III.3)
Warren makes sure to say that the court isn't really manufacturing any new rights in this decision. The rights already existed, but the Court realized that people in custody might be too young or intimidated or rattled or drunk to really understand those rights.
Quote #4
With a lawyer present, the likelihood that the police will practice coercion is reduced, and, if coercion is nevertheless exercised, the lawyer can testify to it in court. (Opinion.III.7)
It's amazing to realize how obvious this right sounds to many Americans, yet how foreign it may be in lots of other countries.
Quote #5
Society has always paid a stiff price for law and order […]. (HarlanDissent.1.III.7)
This is the classic debate between having rights and having safety. Do you agree that, to allow the police to do their job effectively we must give up some rights? White thinks this is just a basic fact of life, so get over it. This is like the argument about the government allowing surveillance of American citizens' phone calls and emails because of national security concerns. Is is worth giving up some civil liberties in exchange for being safe? Paging Edward Snowden…