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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 the makeout hobo View Post
    They interrogated him for 2 hours straight until he said something.
    He still had the right to not say anything.

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

    Quote Originally Posted by pro-bipartisan View Post
    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.
    He did not actually confess. He got caught with a "trick" question:

    But he later answered "yes" when one of the officers asked him if he prayed for forgiveness for "shooting that boy down."
    First point: I don't feel bad for the guy at all. He is almost 100 % certainly guilty. The issue to me is not whether justice is served in his particular case, but whether the ruling itself is right. Short answer...I am torn, I can see both sides. You are told anything you say can be used against you, but as the little of the dissent mentioned in the article says, having to speak to say you wish to remain silent is counter intuitive.
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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.
    Right. And I totally agree that they shouldn't do that. Police procedures should be clarified on the subject.

    But he was guilty and he told them he was guilty. He waived his right to silence by speaking to them.
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    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
    Right. And I totally agree that they shouldn't do that. Police procedures should be clarified on the subject.

    But he was guilty and he told them he was guilty. He waived his right to silence by speaking to them.
    I would say that they refused him his right to be silent by continuing to question him when he was clearing exercising it.
    The Makeout Hobo is real, and does indeed travel around the country in his van and make out with ladies... If you meet the Makeout Hobo, it is customary to greet him with a shot of whiskey and a high five (if you are a dude) or passionate makeouts (if you are a lady).

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

    Quote Originally Posted by Redress View Post
    He did not actually confess. He got caught with a "trick" question:



    First point: I don't feel bad for the guy at all. He is almost 100 % certainly guilty. The issue to me is not whether justice is served in his particular case, but whether the ruling itself is right. Short answer...I am torn, I can see both sides. You are told anything you say can be used against you, but as the little of the dissent mentioned in the article says, having to speak to say you wish to remain silent is counter intuitive.
    He wasn't tricked. He was asked if he prayed about killing the boy and he said yes. That isn't a trick.

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

    I'm with Redress on this one. He certainly appears to be guilty, but I don't like the standard that this may set. First of all, I could potentially see more "trickery" being used if one is allowed to grill a suspect for hours on end. I don't say this to defend guilty criminals, but to protect the less intelligent innocent suspects. I feel that if even one innocent person is wrongly convicted because of this change that it will be a great blow to our personal liberty.

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

    Quote Originally Posted by pro-bipartisan View Post
    He wasn't tricked. He was asked if he prayed about killing the boy and he said yes. That isn't a trick.
    I did not say he was tricked, I said it was a "trick" question. Instead of directly asking him about the killing, they asked him if he prayed about it.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    All he had to say was four basic words. I want a lawyer. He didn't and he was told anything you say can be used against you. Sucks for him but he has no one to blame really but himself.

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

    You don't think that them continuing to question him after he refused to answer any questions counted as him trying to invoke his right of privacy? That's how I see it. he tried to invoke his right to privacy and the police wouldn't let him.
    The Makeout Hobo is real, and does indeed travel around the country in his van and make out with ladies... If you meet the Makeout Hobo, it is customary to greet him with a shot of whiskey and a high five (if you are a dude) or passionate makeouts (if you are a lady).

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

    Quote Originally Posted by the makeout hobo View Post
    You don't think that them continuing to question him after he refused to answer any questions counted as him trying to invoke his right of privacy? That's how I see it. he tried to invoke his right to privacy and the police wouldn't let him.
    Miranda has nothing to do with the right to privacy. It is a way of making sure a suspect is aware of his (or her) 5th and 6th Amendment rights when taken into custody. The specific right at issue here is the 5th Amendment right against self-incrimination, aka the right to "remain silent".
    It could always be worse.

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