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

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

    Quote Originally Posted by Caine View Post
    We don't need more criminals getting off on BS technicalities.
    We also don't need the civil liberties and civil rights of people infringed either.

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

    Quote Originally Posted by samsmart View Post
    We also don't need the civil liberties and civil rights of people infringed either.
    I'm not the biggest fan of our justice system, but I have a hard time seeing how this will really infringe on the civil liberties of anyone. This is the first time the court has had occasion to address this particular issue in the 45 years since Miranda, and only a perfect storm of circumstances would actually lead to a different result post-Berghuis than pre-.
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    Re: Supreme Court: Suspects must invoke right to remain silent in interrogations

    Quote Originally Posted by RightinNYC View Post
    I'm not the biggest fan of our justice system, but I have a hard time seeing how this will really infringe on the civil liberties of anyone. This is the first time the court has had occasion to address this particular issue in the 45 years since Miranda, and only a perfect storm of circumstances would actually lead to a different result post-Berghuis than pre-.
    In this particular case, I agree with you. However, I was more addressing the poster's comment on how the Supreme Court should rule to help criminals get off on technicalities. I find this somewhat dangerous for defendants. This is especially the case when the Supreme Court has made rulings such as criminals do not have a Constitutional right to access DNA evidence to appeal their conviction, despite prosecutors using it to go after people who committed crimes years before the technology was available.

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

    Quote Originally Posted by samsmart View Post
    In this particular case, I agree with you. However, I was more addressing the poster's comment on how the Supreme Court should rule to help criminals get off on technicalities. I find this somewhat dangerous for defendants. This is especially the case when the Supreme Court has made rulings such as criminals do not have a Constitutional right to access DNA evidence to appeal their conviction, despite prosecutors using it to go after people who committed crimes years before the technology was available.
    This is a fair assessment. In this particular case, I think the SCOTUS ruling is fine. You are informed of your right to keep silent, and if you don't than anything you say can and will be used against you in a court of law. So just don't say anything. Maybe at most "I'm invoking my right to stay silent". But in general, you are also correct that we shouldn't let our overzealous nature of wanting to jail the "bad guys" overcome our sense and sensibility when it comes to upholding our individual rights and liberties.
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    Re: Supreme Court: Suspects must invoke right to remain silent in interrogations

    Quote Originally Posted by samsmart View Post
    We also don't need the civil liberties and civil rights of people infringed either.
    Nothing is being infringed upon.
    Responding to a specific non incriminating question on whether you wish to invoke your right to remain silent/attorney present instead of looking at someone like they have a dick growing out of their forehead is not infringing upon civil liberties.
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    Re: Supreme Court: Suspects must invoke right to remain silent in interrogations

    Quote Originally Posted by samsmart View Post
    In this particular case, I agree with you. However, I was more addressing the poster's comment on how the Supreme Court should rule to help criminals get off on technicalities. I find this somewhat dangerous for defendants. This is especially the case when the Supreme Court has made rulings such as criminals do not have a Constitutional right to access DNA evidence to appeal their conviction, despite prosecutors using it to go after people who committed crimes years before the technology was available.
    The topic is this decision on Miranda, not anything else. Don't intentionally misconstrue my argument in an effort to disagree with me just to disagree with me.
    THIS (note Im talking about THIS Miranda decision) is an example of the Superme court making a decision to clairfy the Supreme court's own creation of Miranda warning. Anyone who was let go because they incriminated themselves after responding to questions when they never made it clear whether they wanted to waive nor invoke their right and then decided to answer a question IS an example of a BS technicality, which our legal system is full of.
    "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.

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    Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    A Michigan man will continue serving a life sentence for murder after the U.S. Supreme Court ruled today that he gave up his rights against self-incrimination because he did not explicitly tell police he wanted to remain silent after his arrest.
    The 5-4 decision overturns a ruling by the U.S. 6th Circuit Court of Appeals and reinstates Van Chester Thompkins' conviction for a Jan. 10, 2000, murder in Southfield.
    Detroit attorney Elizabeth Jacobs, who argued the case for Thompkins, 33, in front of the Supreme Court in March, said the ruling is "very disappointing." The court is "diminishing Miranda rights as we know them," Jacobs said.
    So this man is arrested and read his Miranda rights. He didn't answer any questions deeper than "Is your chair hard" for more than two hours, clearly using his right to remain silent. Then after two hours of grilling, he answers a question. It seems to me that he was clearly trying to invoke his Miranda rights, and gave up after the police refused to stop questioning him. Nowhere in the Miranda rights does it say "You must specifically declare you are using your right to remain silent." This ruling undermines our basic rights.
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    "...anything you say can and will be used against you in a court of law..."

    DONT CONFESS THINGS TO THE POLICE. HOW HARD IS THIS?
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    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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

    Quote Originally Posted by Deuce View Post
    "...anything you say can and will be used against you in a court of law..."

    DONT CONFESS THINGS TO THE POLICE. HOW HARD IS THIS?
    They interrogated him for 2 hours straight until he said something.
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by the makeout hobo View Post
    They interrogated him for 2 hours straight until he said something.
    So... Deuce is completely right on this. Don't confess to a crime if you don't want to be caught! I thought that was common sense.

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