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
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.
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.
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.
SCOTUS Update: Right to remain silent? Suspect better speak up -
01/06/2010 07:53:14 PM
- 1033 Views
What I don't like about this decision...
01/06/2010 08:21:02 PM
- 617 Views
I think the only potential issue is if the person didn't understand the Miranda warning.
01/06/2010 10:37:42 PM
- 544 Views
that is an odd way of looking at it
01/06/2010 11:58:12 PM
- 555 Views
I'm more referring to the almost "magic words" that Kennedy introduces here.
02/06/2010 12:18:07 AM
- 577 Views
So we should not allow police to question people at all?
02/06/2010 12:31:27 AM
- 512 Views
You won't hear me complain if the Miranda rights are scaled back a bit.
02/06/2010 12:40:23 AM
- 521 Views
Forgot to mention - the 5-4 decision was split between cons and libs, but.....
01/06/2010 08:36:41 PM
- 536 Views
This seems reasonable to me.
01/06/2010 09:47:34 PM
- 579 Views
I'm stunned. Your response was reasoned, logical and concise. What have you done with Joel?
01/06/2010 10:43:22 PM
- 553 Views
Joel is going to be so pissed when he finds out that you logged onto his account.....
02/06/2010 01:42:50 AM
- 563 Views
Hey deaf people who can't speak... pound sand.
01/06/2010 09:55:41 PM
- 637 Views
well the deaf can simply close their eyes and end the interview
02/06/2010 12:26:31 AM
- 541 Views
Re: well the deaf can simply close their eyes and end the interview
02/06/2010 03:57:35 AM
- 562 Views
you are often questioned by the police? What are you doing to make that happen?
02/06/2010 03:35:47 PM
- 574 Views
This decision is a setback for us all.
01/06/2010 10:10:51 PM
- 658 Views
No it isn't.
01/06/2010 10:42:06 PM
- 579 Views
Re: No it isn't.
01/06/2010 11:26:07 PM
- 590 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM*
02/06/2010 12:38:24 AM
- 232 Views
Close, but not cigar.
02/06/2010 01:30:19 AM
- 595 Views
if they catch more bad guys is that a bad thing? *NM*
02/06/2010 01:50:12 AM
- 248 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate?
02/06/2010 02:18:26 AM
- 545 Views
You are at the intersection of bull and shit.
02/06/2010 04:00:32 PM
- 579 Views
I am confused
01/06/2010 11:09:14 PM
- 568 Views
Re: I am confused
01/06/2010 11:15:07 PM
- 493 Views
ummm, no...
02/06/2010 12:13:59 AM
- 600 Views
Re: ummm, no...
02/06/2010 01:38:54 AM
- 531 Views
It's perhaps odd that we're on opposite sides of this.
02/06/2010 01:59:46 AM
- 546 Views
Nothing has changed
02/06/2010 01:56:08 AM
- 530 Views
Except you risk waiving them unless you specifically say you want to use them.
02/06/2010 04:07:51 AM
- 538 Views
not surprising that people who use phrases like "Police State of America" believe that
02/06/2010 03:24:25 PM
- 552 Views
As far as I can tell, this changes nothing and simply maintains the status quo.
01/06/2010 11:27:36 PM
- 560 Views
For those who don't understand the techniques of police interrogation let me make this clear.
02/06/2010 01:57:51 AM
- 599 Views
Good advice
02/06/2010 04:00:45 AM
- 503 Views