ÀÏ°ÄÃÅ¿ª½±½á¹û

The Supreme Court has held that the right to remain silent means that the prosecution may not comment on a defendant's failure to take the witness stand, or to answer questions after Miranda warnings have been administered. The question in this case is whether the same rule should apply when a suspect refuses to answer police questions prior to receiving the Miranda warnings. The ÀÏ°ÄÃÅ¿ª½±½á¹û amicus brief argues that the answer to that question is yes, both to protect the fundamental Fifth Amendment right against self-incrimination and to discourage the police from manipulating the timing of the Miranda warnings.