Throughline We the People: The Right to Remain Silent
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Jul 31, 2025 
In this engaging discussion, legal scholars Corinna Barrett-Lane and Donald Tripps dive deep into the complexities of the Fifth Amendment and the right to remain silent. They explore why many suspects waive their Miranda rights, despite the protections they offer. The conversation uncovers the historical context of police coercion and the challenges surrounding involuntary confessions. They also reflect on landmark cases like Brown v. Mississippi and the evolving relationship between civil rights and law enforcement, shedding light on the urgent need for clarity in legal protections.
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Wrongful Confessions Under Torture
- In 1934 Mississippi, three Black men were tortured into confessing to a murder they did not commit.
- The violent confessions were the only evidence, yet all three were sentenced to death.
Fifth Amendment's State Limitation
- The Fifth Amendment originally protected only against federal government abuses, not state police.
- The 14th Amendment later extended these protections to states, changing constitutional enforcement.
Voluntariness Test In Confessions
- The Supreme Court in Brown v. Mississippi prohibits convictions from confessions induced by police brutality.
- This established the voluntariness test to reject involuntary confessions under the 14th Amendment.