Rethinking Miranda: The Post-Arrest Right to Silence

This comment explores the selective invocation of the right to silence during custodial interrogation. It defines selective invocation as the ability of a criminal defendant to exercise the right to remain silent on a question-to-question basis after an earlier waiver of Miranda. States and federal courts have split on this issue. It argues that a rule permitting the selective invocation of Miranda is desirable. 

Citation: Stephen Rushin, Rethinking Miranda: The Post-Arrest Right to Silence, 99 California Law Review 151 (2011)