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Thread: Supreme Court: Suspects must invoke right to remain silent in interrogations

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by soccerboy22 View Post
    I am confused. If he didn't ask for a lawyer why should they have stopped interrogating him until he received one?
    Because anyone accused of a crime should initially be considered a "victim". (Am only recently starting to understand how this works....)



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  2. #112
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by rivrrat View Post
    Erm.. he doesn't GET one until he ASKS for one. He didn't ask for one, so one wasn't ever going to come.
    I think he might have read your comment as "He did ask for a lawyer".

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by samsmart View Post
    Which means the police should have stopped interrogating him until he received one.
    Never asked for one.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

  4. #114
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    I was involved ina case once. I was arrested and made it clear I will wait for my attorney to get there to answer any questions.

    A few hours later they put me in a room with a cop. He proceded to say this. "I know you are playing the game you want to play it but I have to tell you that everybody I go after I put in jail." His refference of my rights as a game disturbed me.

    He knew I had requested my attorney but he was there to threaten me that if I didn't give up my rights he would do whatever it took to put me in jail. Just using statistics it is impossible taht 100% of suspects he went after were guilty. He didn't care about my rights and I would bet many cops are the same.

    I find it hard to beleive that somebody that had been interrogated for 8 or 10 hours never asked for an attorney.

  5. #115
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Mason66 View Post
    I was involved ina case once. I was arrested and made it clear I will wait for my attorney to get there to answer any questions.

    A few hours later they put me in a room with a cop. He proceded to say this. "I know you are playing the game you want to play it but I have to tell you that everybody I go after I put in jail." His refference of my rights as a game disturbed me.

    He knew I had requested my attorney but he was there to threaten me that if I didn't give up my rights he would do whatever it took to put me in jail. Just using statistics it is impossible taht 100% of suspects he went after were guilty. He didn't care about my rights and I would bet many cops are the same.

    I find it hard to beleive that somebody that had been interrogated for 8 or 10 hours never asked for an attorney.
    If he didn't, he is pretty dumb.
    Did you tell the officer to back off or you will file a complaint?
    Just asking, were you guilty?
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  6. #116
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Mason66 View Post
    I was involved ina case once. I was arrested and made it clear I will wait for my attorney to get there to answer any questions.

    A few hours later they put me in a room with a cop. He proceded to say this. "I know you are playing the game you want to play it but I have to tell you that everybody I go after I put in jail." His refference of my rights as a game disturbed me.

    He knew I had requested my attorney but he was there to threaten me that if I didn't give up my rights he would do whatever it took to put me in jail. Just using statistics it is impossible taht 100% of suspects he went after were guilty. He didn't care about my rights and I would bet many cops are the same.

    I find it hard to beleive that somebody that had been interrogated for 8 or 10 hours never asked for an attorney.
    Well he never did ask for an attorney, or his attorney would have argued that point.

    This was a murder case, all murder case interviews in ALL states in the US require video recording of the interview room.
    If the defendant had asked for an attorney during this time, it would have been known.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

  7. #117
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    This happens all the time; officers are TRAINED to get confessions while skirting the edge of the law as much as possible.

    I had a case once where the officer basically told my client "You can either confess to me and I'll let you go or I can arrest you now and take you out of here in handcuffs in front of all your friends." When she said she wanted to see a lawyer, he said "OK, but this is your last chance. If you want a lawyer, I'll arrest you first and then you can talk to him."

    I got her confession suppressed and won after the DA appealed it, too. (Here's a link to the Superior Court's opinion: Pennsylvania Superior Court Cases - Superior Court Case Law from PA - Pennsylvania Superior Court - unoffical reports - )

    The point though is that many many times suspects are coerced to confess in exchange for a promise to be treated nicer or not have as many charges filed, and they do so. But I wonder how consensual that really is. They don't know whether the cop is telling the truth about what charges could have been filed, for instance.

    So anything that waters down these rights is bad, in my opinion. If someone is not talking or cooperating, it's pretty clear they don't want to talk. I don't know why they need to specifically say "By the way, in case you can't tell, I am exercising my right to not talk by not talking."

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by mike2810 View Post
    Just asking, were you guilty?
    Silly Mike. People are rarely self admittedly guilty of anything.

    Thats my beef with society as a whole, people feel that they have a right to "get off" with being charged for a crime that they willingly committed.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

  9. #119
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Groucho View Post
    This happens all the time; officers are TRAINED to get confessions while skirting the edge of the law as much as possible.
    Defense attorneys do the same thing. We have to learn to play in similar manners, however, we need to make sure we do it without violating rights or other rules. I think we do a good job of that as a whole for the most part. Personally, my department doesn't put so much stress on officers to charge someone for a crime that we have any desire to do ANYTHING to find the responsible party.
    So anything that waters down these rights is bad, in my opinion. If someone is not talking or cooperating, it's pretty clear they don't want to talk. I don't know why they need to specifically say "By the way, in case you can't tell, I am exercising my right to not talk by not talking."
    Nothing is being wattered down, if anything it is clairifying an issue so that we know what is acceptable and what is not acceptable.

    Speaking to inform somone that you do not wish to be a witness against yourself is NOT being a witness against yourself.

    The Miranda warnings "right to remain silent" is a bit retarded, those words shouldn't be used to be honest because they do not convey the 5th amendment very well. You do NOT have the right to remain silent really, as has been upheld by the court when it comes to being asked basic booking questions.

    So yeah, stay "silent" all you want, but your ass is never getting out of jail on pre-trial release until you SPEAK and answer the freaking booking questions so you can be processed.

    I always get a chuckle out of people who think they understand the legal system when they are sitting in a holding cell for hours until they decide they want to start cooperating with the arrest process.

    Those who are dissenting with this decision have a weak position that is not based on the Constitution itself, but is based upon a phrase used in the miranda decision that should not have made it there to start with.

    Personally I find miranda to be a ****ty decision, not because I want to violate rights, because I don't. Its because I don't understand how the supreme court could interpret somewhere in the constitution that it be a requirement for officers to give a civics lesson to those we intent to interview for purposes of a criminal investigation.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

  10. #120
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Caine View Post
    Silly Mike. People are rarely self admittedly guilty of anything.

    Thats my beef with society as a whole, people feel that they have a right to "get off" with being charged for a crime that they willingly committed.
    Not silly, sarcstic yes. I was just asking 66 because of the negative tone towards cops. I personally am tired of people claiming "its not my fault", when in fact all or a good part is. (ex: person suing google maps because they got hit by a car while following the gps direction.). I also don't like when people get off on a technicality.
    "I can explain it to you but, I can't understand it for you"

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