Final answer:
The police must cease questioning an in-custody suspect once they assert their right to silence, according to the precedent set by Miranda v. Arizona. This right is protected under the Constitution and ensures that individuals are not interrogated without awareness of their legal rights and the presence of or access to legal counsel. Detaining a suspect indefinitely in response to their invocation of this right is illegal and violates due process.
Step-by-step explanation:
When an in-custody suspect asserts the right to silence, the police are legally bound to stop questioning the suspect. This requirement stems from the landmark case, Miranda v. Arizona, which clearly established that police must not only advise criminal suspects of their rights under the Constitution to remain silent and to consult with a lawyer but must also honor these rights during the custodial interrogation. If a suspect decides to exercise this right, any further interrogation must cease unless the suspect initiates further communication or consultation with the law enforcement officers.
It's important to recognize that detaining a suspect indefinitely is not lawful in response to their invoking their right to silence. Instead, procedural rules and protections, such as the ones mentioned in Escobedo v. Illinois and Miranda v. Arizona, are in place to safeguard individual rights and ensure due process. Furthermore, the due process clause as explained in In re Gault, and regulated interrogation as discussed in Michigan v. Jackson, are critical aspects of the legal framework that protect a suspect's rights.
The practice of interrogating individuals without notifying them of their right to counsel and protection against self-incrimination is a violation of the Fifth Amendment, as confirmed by the Miranda ruling. The rights of the accused are central to the justice system in rule-of-law countries, ensuring that upon arrest, suspects are aware of their right to a healthy environment, legal counsel, and to defend themselves in court.