Davis v. United States, 512 U.S. 452, 18 (1994)

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Cite as: 512 U. S. 452 (1994)

Souter, J., concurring in judgment

Miranda safeguards exist " 'to assure that the individual's right to choose between speech and silence remains unfettered throughout the interrogation process,' " see Connecticut v. Barrett, 479 U. S. 523, 528 (1987) (quoting Miranda, 384 U. S., at 469, and supplying emphasis), and that the justification for Miranda rules, intended to operate in the real world, "must be consistent with . . . practical realities," Arizona v. Roberson, 486 U. S. 675, 688 (1988) (Kennedy, J., dissenting). A rule barring government agents from further interrogation until they determine whether a suspect's ambiguous statement was meant as a request for counsel fulfills both ambitions. It assures that a suspect's choice whether or not to deal with police through counsel will be "scrupulously honored," Miranda, supra, at 479; cf. Michigan v. Mosley, 423 U. S. 96, 110, n. 2 (1975) (White, J., concurring in result), and it faces both the real-world reasons why misunderstandings arise between suspect and interrogator and the real-world limitations on the capacity of police and trial courts to apply fine distinctions and intricate rules.

B

Tested against the same two principles, the approach the Court adopts does not fare so well. First, as the majority expressly acknowledges, see ante, at 460, criminal suspects who may (in Miranda's words) be "thrust into an unfamiliar atmosphere and run through menacing police interrogation procedures," 384 U. S., at 457, would seem an odd group to single out for the Court's demand of heightened linguistic care. A substantial percentage of them lack anything like a confident command of the English language, see, e. g., United States v. De la Jara, 973 F. 2d 746, 750 (CA9 1992); many are "woefully ignorant," Miranda, supra, at 468; cf. Davis v. North Carolina, 384 U. S. 737, 742 (1966); and many more will be sufficiently intimidated by the interrogation process or overwhelmed by the uncertainty of their predicament that

469

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