Saturday, June 5,2010 - Thomasville Times - A5
OPINION
Thomasyille Times
MICHAEL B. STARN
Publisher
mstarn@hpe.com
•
LYNN WAGNER
Advertising Director
lwagner@hpe.com
LISA M. WALL
Editor
editor@tvilletimes.com
•
ZACH KEPLEY
Sports Editor
tvillesports@yahoo.com
Supreme Court hears
sound of silence
VIEWPOINT
STEVE CHAPMAN
Syndicated Columnist
In the last 44 years, the
Miranda warning has become
as American as the Iowa State
Fair. Most of us could recite it
in our sleep, particularly the
part that goes: You have the
right to remain silent. Police
and prosecutors, who once
saw it as coddling criminals,
have learned to live with
this modest obligation.
But not everyone is so
adaptable. Some people
bridle at the notion of go
ing along with something
that protects the guilty as
well as the innocent. Five
of them sit on the Supreme
Court of the United States.
They read the Miranda
protections the way W.C.
Fields read the Bible: look
ing for loopholes. That
became blindingly evident
this week when the court,
by a 5-4 vote, ruled against a
defendant who said he had
been deprived of his freedom
to keep his mouth shut.
After being arrested and
told of his right to remain
silent. Van Chester Thomp-
kins proceeded to exercise it.
He refused to speak, beyond
a few one-word responses to
innocuous questions, such as
whether his chair was hard.
But his police interroga
tors were not to be denied.
For nearly three hours
they confined him in a small
room and peppered him with
questions. Finally, Thompkins
was asked if he prayed to
God to forgive him for “shoot
ing that boy down,” and he
replied, “Yes.” He was con
victed of murder and sen
tenced to life without parole.
His lawyers said that hav
ing indicated his choice to
remain silent, he should
have been spared further
grUling. On their side is
common sense, which says
that if someone announces
you are free not to speak,
not speaking is an unmis
takable way to convey your
exercise of that prerogative.
But common sense is not
always abundant in the haUs
of justice. The Supreme
Court claims that Thomp
kins’ persistent silence didn’t
suggest a choice'to remain
silent. Its logic: How can I
know you don’t want to talk
if you won’t say anything?
It doesn’t occur to the
five justices that someone
in the grasp of the police,
after hours of relentless
questioning, would conclude
that his right to remain
silent was meaningless
- that he woiild be interro
gated imtil he answered.
Justice Anthony Ken
nedy insisted there was no
evidence the suspect had the
slightest desire to invoke
the privilege. “Thompkins
did not say that he wanted
to remain silent or that he
did not want to talk with the
police,” asserted Kennedy.
If there is any doubt about
the suspect’s preference, the
court established, it will be
taken as consent to be ques
tioned. If Kennedy were to try
to strike up a conversation
with someone at a bar, only to
be ignored, he would assume
she was dying to hear more.
Such obtuse logic is impos
sible to square with the 1966
Miranda decision, where
the justices explained the
psychological reality of a
police interrogation. Someone
being held involuntarily in
a station house, they knew,
will tend to assume that
he must cooperate or suf
fer painful consequences.
The Miranda warning is one
way to convey to the suspect
— and the cops — that he
has rights they must respect.
“Unless adequate protec
tive devices are employed to
dispel the compulsion inher
ent in custodial surround
ings, no statement obtained
from the defendant can truly
be the product of his free
choice,” declared the court.
But just giving the warn
ing is not enough. The court
stressed that the police
may not exploit ambigui
ties to nullify its effects.
“If the individual indicates
in any manner, at any time
prior to or during question
ing, that he wishes to remain
silent, the interrogation must
cease,” it said. “If the inter
rogation continues without
the presence of an attorney
and a statement is taken,
a heavy burden rests on the
government to demonstrate
that the defendant knowingly
and intelligently waived his
privilege against self-incrimi
nation...” (my emphasis)
Not anymore, it doesn’t.
Now, says the court, it is the
duty of any accused person
“who wants to invoke his or
her right to remain silent to
do so unambiguously.” The
“heavy burden” lands on the
suspect. If cops can trick
him or wear him down, the
justices say: Good for them.
Once upon a time, the
Supreme Court tried to make
sure that Americans under
police suspicion could freely
decide whether to exercise
their constitutionally pro
tected right against self-in
crimination. I’m waiting to
hear Kennedy and Co. express
any similar commitment. And
their sUence is deafening.
Steve Chapman blogs daily
at newsblogs.chicagotribune.
com/steve_chapman. To find
out more about Steve Chap
man, visit www.creators.com.
A memorable day of patriotism
THIS-N-THATS
LARRY MURDOCK
Guest Columnist
Can it get any better than
that? The “that” I am refer
ring to is the Memorial Day
festivities held in our town
on Monday. Aren’t we aU
proud of the patriotism ex
hibited from the laying of the
wreath at the Vietnam Vet
erans Memorial just south
of town, to the festivities at
the Big Chair and Gazebo
downtown, as well as the
Parade down Salem Street
to Memorial Park where pa
triotism shined? A little rain
shower didn’t dampen the
spirit of those in attendance.
I must admit that I had a
lump in my throat and a tear
in my eye as those veter
ans who had fought for our
freedom proudly proceeded
down Salem Street. Thanks,
to all the Veterans who have
served in our armed forces
and thanks to the Planning
Committee; the volunteers
and those individuals and
companies who provided
funding to make the Memo
rial Day events possible.!
God bless the USA!
• • •
Do you sing around the
house or do you sing in the
shower? If so, it’s the season
to sing this one. “Take me out
to the ball game. Take me out
with the crowd. Buy me some
peanuts and Cracker Jacks, I
don’t care if I never get back.
Let me root, root, root for
the home team, If they don’t
win it’s a shame. For it’s one,
two, three strikes, you’re
out. At the old ball game.”
Hi-Toms baseball is back!
The season opened with a
home game on Wednesday
and another home game last
night against Forest City. The
next few home games will
be Sunday at 5 p.m. versus
Edenton; Monday versus
Winston Salem; Wednesday
versus Asheboro; Thursday
versus Carolina Hurri
canes; and Saturday, June
12 versus Asheboro. Most
game times are 7:05 with
a few schedvded for 7:20.
Pick up a complete sched
ule at Finch Field Box OfBce.
• • •
Another downtown build
ing is making some facade
improvements. The old
Rose’s 5 & 10 is sporting a
fresh coat of paint and the
brown butcher paper is no
longer on the plate glass
on the front of the build
ing. Thanks for whoever is
responsible. Looking good.
• • •
I am sure that you recall
the puppy that was set
afire last year. Although
near death with second
and third-degree burns on
more than 60 percent of
her body, a broken jaw and
teeth, and covered with more
than 300 maggots, “Susie”
had a will to survive.
The perpetrator was
caught; however justice
would not be served. North
Carolina structured sen
tencing guidelines would
only allow the guilty party
— a 21-year-old to serve 4-5
months, suspended sentence
(probation) for a Class I
felony of Cruelty to Animals.
Susie’s Law has been intro
duced and may be heard in
next year’s General Assem
bly session. An e-mail cir
culating urges aU to contact
your senator and house rep
resentative and teU them we
need stricter animal abuse
laws in North Carolina.
• • •
One day, the father of a
very wealthy family took
his son on a trip to the
country with the express
purpose of showing him
how poor people live.
They spent a couple of
days and nights on the farm
of what would be coijsid-
ered a very poor family.
On their return from their
trip, the father asked his
son, “How was the trip?” “It
was great. Dad.” “Did you
see how poor people live?”
the father asked. “Oh yeah,”
said the son. “So, tell me,
what you learned from the
trip?” asked the father.
The son answered, “I saw
that we have one dog and
they had four. We have a pool
that reaches to the middle
of our garden and they have
a creek that has no end. We
have imported lanterns in
our garden and they have
the stars at night. Our patio
reaches to the front yard and
they have the whole horizon.
We have a small piece of land
to live on and they have fields
that go beyond our sight.
We have servants who serve
us, but they serve others.
“We buy our food, but
they grow theirs. We have
walls around our prop
erty to protect us. They have
friends to protect them.”
The boy’s father
was speechless.
Then his son added,
“Thanks, Dad, for show
ing me how poor we are.”
Isn’t perspective a wonder
ful thing? Makes you wonder
what would happen if we aU
gave thanks for ever5d:hing
we have, instead of worrying
about what we don’t have.
Appreciate every single
thing you have, especially
your friends! Life is too short
and friends are too few.
• • •
Don’t forget Thomas
ville Medical Center’s 80th
Anniversary Celebration
next Saturday June 12
from 10 a.m. until 2 p.m.
• • • -
Some schools are already
out for summer vacation.
Others soon will be. Be
mindful of our young folks
who will be out and about.
Guest Columnist Larry
Murdock can be reached at
larry. murdock@hotmail. com.
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EDITORIALS
All unsigned editorials are the
consensus of Editor Lisa Wall and
Sports Editor Zach Kepley