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2
Posted on 6/20/22 at 7:10 am to Joshjrn
When I was a teen that was a favorite coercion technique by the cops as they were 'fishing'. No real arrest, just start reciting the Miranda warning, if you weren't sharp enough to remember the first line... they won and generally got what they wanted.
Posted on 6/20/22 at 7:12 am to Joshjrn
quote:
Tell the jury that’s what you did. Most practitioners think the case is bullshite, but it is what it is.
It IS bullshite. Why even have the right in the first place.
Posted on 6/20/22 at 7:16 am to finchmeister08
quote:
I bet you were the coolest kid in high school.
I bet you were not the coolest kid in high school.
Posted on 6/20/22 at 7:48 am to Warfox
quote:
It IS bullshite. Why even have the right in the first place.
SCOTUS' erosion of liberty has been rampant in the criminal legal sphere for decades. Attacks on the 5th and 6th Amendments have been particularly bad.
If you don't actively invoke your right to remain silent, they can continue questioning you, tell a jury that you just sat there and said nothing, and if you do ever answer anything, it's considered a valid waiver: Berghuis_v._Thompkins
The only words out of your mouth should be that you want to speak to an attorney. Not that you might want to speak to an attorney, or you think you might need an attorney, etc, etc. And definitely don't tell law enforcement to "just give [you] a lawyer, dog" ( Washington Post). You want to speak to an attorney, period. Once you do so, law enforcement is required to "scrupulously honor" that request and immediately terminate questioning. If they don't, and then you start answering questions, it can potentially still be suppressed (but don't try your luck).
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