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Berghuis V. Thompkins

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The Berghuis v. Thompkins case involves a man that was arrested as a suspect of a shooting that lead to a victims death. After being read his rights when being interrogated by two Detroit detectives, the suspect, Van Chester Thompkins Jr., never verbally expressed wanting an attorney present before answering any questions, although he did remain silent for majority of the interrogation. Mr. Thompkins broke his 3 hour silence when asked by the detectives “Did he pray to God for the shooting” and he answered “yes”. (law.cornell.edu/Berghuisv.Thomkins) He attempted to revoke his statement immediately after claiming his Fifth Amendment rights had been violated because he did not waive his right to remain silent, and that his statement was in fact an involuntary one. (law.cornell.edu/Berghuisv.Thompkins) Consequently that one statement was used against him and influenced his conviction of the crime in June 2010. The Fifth Amendment rights’ against self-incrimination allows an individual to refuse to disclose information that could be used against him or her in a criminal prosecution. This amendment allows an individual to “plead the Fifth” which is a refusal to answer questions that can be considered self-incriminating. (en.wikipedia.org/Fifth Amendment/self-incrimination) In comparison to the Fifth Amendment Right there is the Miranda v.`Arizona case which allows statements given during an interrogation by a defendant in police custody to be admissible at trial if proven the defendant was informed of the right to consult with an attorney before and during questioning, and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.( wikipedia.org/wiki/Mirandav.Arizona) There was lot of controversy regarding the phrasing of this case which requires you to physically invoke your right to answer questions and/or sign a waiver that you understand those rights. Mr....

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