He was informed that he didn't have to speak but chose to anyway. If you grow up in he US and you are not smart enough to ask for a lawyer then you didn't watch enough Law and Order. It is not societies responsibility to protect stupid people from themselves just to protect the rest of us from them.
Sitting there and staring at the police while they ask you questions is confrontational and uncooperative. The person can be "uncooperative" by simply saying, "I want a lawyer. Provide one for me or let me call my own."
That is the end of discussion (although there are ways around that) through the methods I mention below in my post. The police could start back in with general, unrelated conversation, make the person feel guilty or ashamed for not cooperating, and then get him/her to waive the right to an attorney.
It seems, unless I am misunderstanding, that the Court has clarified that sitting in silence and being a jackass does not constitute an "understood" invoking of the right to representation and to not self-incriminate. It has made very clear to the police whether they may continue or not continue interrogating in such a circumstance. If that is the case then the Court has basically clarified that acting the fool will not get confessions thrown out later.
Seems like the right and logical ruling to me.
But wine was the great assassin of both tradition and propriety...
-Brandon Sanderson, The Way of Kings
-Brandon Sanderson, The Way of Kings
This message last edited by everynametaken on 02/06/2010 at 03:07:47 AM
SCOTUS Update: Right to remain silent? Suspect better speak up - 
- 01/06/2010 07:53:14 PM
1105 Views
- 01/06/2010 07:53:14 PM
1105 Views
What I don't like about this decision...
- 01/06/2010 08:21:02 PM
689 Views
I think the only potential issue is if the person didn't understand the Miranda warning.
- 01/06/2010 10:37:42 PM
622 Views
*NM*
that is an odd way of looking at it
- 01/06/2010 11:58:12 PM
635 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
586 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 way I see it...
- 02/06/2010 03:06:01 AM
722 Views
Forgot to mention - the 5-4 decision was split between cons and libs, but.....
- 01/06/2010 08:36:41 PM
590 Views
This seems reasonable to me.
- 01/06/2010 09:47:34 PM
661 Views
I'm stunned. Your response was reasoned, logical and concise. What have you done with Joel?
- 01/06/2010 10:43:22 PM
626 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
641 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
625 Views
you are often questioned by the police? What are you doing to make that happen?
- 02/06/2010 03:35:47 PM
664 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
659 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM*
- 02/06/2010 12:38:24 AM
260 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
629 Views
You are at the intersection of bull and shit.
- 02/06/2010 04:00:32 PM
651 Views
I am confused
- 01/06/2010 11:09:14 PM
638 Views
Re: I am confused
- 01/06/2010 11:15:07 PM
570 Views
ummm, no...
- 02/06/2010 12:13:59 AM
667 Views
Re: ummm, no...
- 02/06/2010 01:38:54 AM
604 Views
Nothing has changed
- 02/06/2010 01:56:08 AM
604 Views
Except you risk waiving them unless you specifically say you want to use them.
- 02/06/2010 04:07:51 AM
622 Views
not surprising that people who use phrases like "Police State of America" believe that
- 02/06/2010 03:24:25 PM
624 Views
As far as I can tell, this changes nothing and simply maintains the status quo.
- 01/06/2010 11:27:36 PM
634 Views
For those who don't understand the techniques of police interrogation let me make this clear.
- 02/06/2010 01:57:51 AM
681 Views
Good advice
- 02/06/2010 04:00:45 AM
570 Views