Active Users:319 Time:09/04/2025 01:21:38 PM
It's perhaps odd that we're on opposite sides of this. Joel Send a noteboard - 02/06/2010 01:59:46 AM
Good to see you again, by the way; for a while I was afraid I'd been a bit too much of a jerk in our first conversation and run you off for good. Sorry about that :[
rather it means you haven't stated either way if you will be exercising your Miranda rights. Hence, they can continue questioning. Until such time as you do definitively exercise said rights.


The implication of silence is now a waiver for the right to remain silent. Before they could not continue questioning you for hours if you remained silent because the constructive implication is you were electing to use your right to remain silent. Now, that legal construction is gone and the cops WILL abuse it. In addition, if you do not know the amount of pressure that can be brought to bear on an innocent person during an interrogation I suggest you do a quick Google search on the innocence project and false confessions.

At least to some degree; I do feel that if they want to parse things so finely cops should be required to make the need for an "unambiguous" assertion of the right to remain silent part of the Miranda rap.

You're right though; there's a mountain of documentation on coerced jailhouse confessions. Despite Miranda, and prior to this ruling. People are on death row because of them; people have been executed because of them. Perhaps the worst part is that judges and even juries regularly look the other way; if someone admits guilt most people will consider them guilty whatever duress was applied to obtain the confession. A good defense attorney may be able to prevent such a statements acceptance as evidence, but if not conviction is almost guaranteed.

This ruling does not create that real, grave and preexisting problem. If a cop decides to take you in the back room and work you over with a rubber hose until you confess, saying, "I'm exercising my right to remain silent" first won't stop him. What this ruling will do is prevent a criminal who lets something slip from invoking their right against self incrimination retroactively.
Honorbound and honored to be Bonded to Mahtaliel Sedai
Last First in wotmania Chat
Slightly better than chocolate.

Love still can't be coerced.
Please Don't Eat the Newbies!

LoL. Be well, RAFOlk.
Reply to message
SCOTUS Update: Right to remain silent? Suspect better speak up - - 01/06/2010 07:53:14 PM 1104 Views
What I don't like about this decision... - 01/06/2010 08:21:02 PM 688 Views
I think the only potential issue is if the person didn't understand the Miranda warning. - 01/06/2010 10:37:42 PM 621 Views
Damn you common sense!!! *NM* - 02/06/2010 02:56:17 AM 271 Views
that is an odd way of looking at it - 01/06/2010 11:58:12 PM 634 Views
I'm more referring to the almost "magic words" that Kennedy introduces here. - 02/06/2010 12:18:07 AM 653 Views
So we should not allow police to question people at all? - 02/06/2010 12:31:27 AM 585 Views
You won't hear me complain if the Miranda rights are scaled back a bit. - 02/06/2010 12:40:23 AM 581 Views
The goal is not to keep guilty people from confessing - 02/06/2010 01:48:48 AM 601 Views
The way I see it... - 02/06/2010 03:06:01 AM 721 Views
Seems reasonable to me - 01/06/2010 09:44:30 PM 717 Views
This seems reasonable to me. - 01/06/2010 09:47:34 PM 660 Views
Hey deaf people who can't speak... pound sand. - 01/06/2010 09:55:41 PM 721 Views
well the deaf can simply close their eyes and end the interview - 02/06/2010 12:26:31 AM 614 Views
Re: well the deaf can simply close their eyes and end the interview - 02/06/2010 03:57:35 AM 624 Views
you are often questioned by the police? What are you doing to make that happen? - 02/06/2010 03:35:47 PM 663 Views
I travel internationally - 02/06/2010 08:40:38 PM 631 Views
This decision is a setback for us all. - 01/06/2010 10:10:51 PM 729 Views
No it isn't. - 01/06/2010 10:42:06 PM 647 Views
Re: No it isn't. - 01/06/2010 11:26:07 PM 658 Views
bah - 02/06/2010 12:11:46 AM 618 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM* - 02/06/2010 12:38:24 AM 259 Views
Close, but not cigar. - 02/06/2010 01:30:19 AM 667 Views
if they catch more bad guys is that a bad thing? *NM* - 02/06/2010 01:50:12 AM 277 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate? - 02/06/2010 02:18:26 AM 628 Views
I think you have to have reasonable balance - 02/06/2010 05:48:31 PM 687 Views
You are at the intersection of bull and shit. - 02/06/2010 04:00:32 PM 651 Views
Re: You are at the intersection of bull and shit. - 02/06/2010 10:18:36 PM 640 Views
Hey douchebag, you're still wrong. - 02/06/2010 10:34:48 PM 622 Views
Any particular reason you started the name calling? - 02/06/2010 10:58:47 PM 563 Views
At what point did that happen? - 02/06/2010 01:26:13 AM 588 Views
This is what I alluded to in my response. - 02/06/2010 01:44:14 AM 687 Views
Re: At what point did that happen? - 02/06/2010 01:48:52 AM 706 Views
I am confused - 01/06/2010 11:09:14 PM 638 Views
Re: I am confused - 01/06/2010 11:15:07 PM 569 Views
ummm, no... - 02/06/2010 12:13:59 AM 666 Views
Re: ummm, no... - 02/06/2010 01:38:54 AM 604 Views
spare me the pontificating - 02/06/2010 01:50:27 AM 697 Views
Re: spare me the pontificating - 02/06/2010 02:01:27 AM 595 Views
you never wave your right to remain silent forever - 02/06/2010 01:53:07 AM 579 Views
It's perhaps odd that we're on opposite sides of this. - 02/06/2010 01:59:46 AM 617 Views
Nothing has changed - 02/06/2010 01:56:08 AM 604 Views
As far as I can tell, this changes nothing and simply maintains the status quo. - 01/06/2010 11:27:36 PM 633 Views
An interesting way of looking at it at the end. - 02/06/2010 02:05:34 AM 695 Views
For those who don't understand the techniques of police interrogation let me make this clear. - 02/06/2010 01:57:51 AM 680 Views
Good advice - 02/06/2010 04:00:45 AM 569 Views
I always love in the TV shows when... - 02/06/2010 04:16:35 AM 662 Views
Re: I always love in the TV shows when... - 02/06/2010 04:36:34 AM 759 Views

Reply to Message