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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.
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SCOTUS Update: Right to remain silent? Suspect better speak up - - 01/06/2010 07:53:14 PM 1034 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 545 Views
Damn you common sense!!! *NM* - 02/06/2010 02:56:17 AM 245 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 578 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
The goal is not to keep guilty people from confessing - 02/06/2010 01:48:48 AM 524 Views
The way I see it... - 02/06/2010 03:06:01 AM 655 Views
Seems reasonable to me - 01/06/2010 09:44:30 PM 646 Views
This seems reasonable to me. - 01/06/2010 09:47:34 PM 579 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 575 Views
I travel internationally - 02/06/2010 08:40:38 PM 561 Views
This decision is a setback for us all. - 01/06/2010 10:10:51 PM 659 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
bah - 02/06/2010 12:11:46 AM 547 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
I think you have to have reasonable balance - 02/06/2010 05:48:31 PM 633 Views
You are at the intersection of bull and shit. - 02/06/2010 04:00:32 PM 579 Views
Re: You are at the intersection of bull and shit. - 02/06/2010 10:18:36 PM 579 Views
Hey douchebag, you're still wrong. - 02/06/2010 10:34:48 PM 558 Views
Any particular reason you started the name calling? - 02/06/2010 10:58:47 PM 497 Views
At what point did that happen? - 02/06/2010 01:26:13 AM 526 Views
This is what I alluded to in my response. - 02/06/2010 01:44:14 AM 605 Views
Re: At what point did that happen? - 02/06/2010 01:48:52 AM 627 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 601 Views
Re: ummm, no... - 02/06/2010 01:38:54 AM 531 Views
spare me the pontificating - 02/06/2010 01:50:27 AM 630 Views
Re: spare me the pontificating - 02/06/2010 02:01:27 AM 512 Views
you never wave your right to remain silent forever - 02/06/2010 01:53:07 AM 504 Views
It's perhaps odd that we're on opposite sides of this. - 02/06/2010 01:59:46 AM 547 Views
Nothing has changed - 02/06/2010 01:56:08 AM 531 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
An interesting way of looking at it at the end. - 02/06/2010 02:05:34 AM 623 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
I always love in the TV shows when... - 02/06/2010 04:16:35 AM 588 Views
Re: I always love in the TV shows when... - 02/06/2010 04:36:34 AM 681 Views

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