Page 8 of 18 FirstFirst ... 678910 ... LastLast
Results 71 to 80 of 174

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

  1. #71
    Sage
    Caine's Avatar
    Join Date
    Sep 2005
    Last Seen
    10-05-17 @ 01:21 PM
    Gender
    Lean
    Independent
    Posts
    23,336

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

    Quote Originally Posted by the makeout hobo View Post
    It seems to me that he was not told he was specifically required to declare this right. Suspects aren't mind readers either.
    I haven't a copy of the transcript from the interview room, or a description of the manner in which these Homicide detectives read him his rights. Do you?
    "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.

  2. #72
    Rockin' In The Free World
    the makeout hobo's Avatar
    Join Date
    Nov 2006
    Location
    Sacramento, CA
    Last Seen
    04-24-14 @ 06:58 PM
    Gender
    Lean
    Slightly Liberal
    Posts
    7,102

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

    Quote Originally Posted by Caine View Post
    And there was not a requirement to do so, until now.
    There was also never a requirement to stop asking questions just because someone is starring at you like you have a dick growing out of your forehead.
    So they could have questioned him for 12 hours straight without him saying a word, and you don't see a problem with this?

    If there was no requirement for him to declare his right, and he was ina situation where it was obvious that was what was going on, then the police violated his rights by continuing to question 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).

  3. #73
    Sage
    Caine's Avatar
    Join Date
    Sep 2005
    Last Seen
    10-05-17 @ 01:21 PM
    Gender
    Lean
    Independent
    Posts
    23,336

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

    Quote Originally Posted by the makeout hobo View Post
    So they could have questioned him for 12 hours straight without him saying a word, and you don't see a problem with this?
    Oh no, I definately see a problem with that. However, we aren't here to change the constitution based upon how we feel.

    A non-verbal action is not an answer to a question. Requesting that someone inform you they wish to remain silent and not answer any questions is not making them speak in violation of the 5th amendment.

    If there was no requirement for him to declare his right, and he was ina situation where it was obvious that was what was going on, then the police violated his rights by continuing to question him.
    .[/quote] Not according to those guys who get paid the big bucks to interpret the constitution.

    Was it obvious what was going on? Maybe he didn't want to answer the specific questions he was asked until the one question that he did answer came up.
    You are allowed to refuse to answer certain questions and answer others as you wish.
    "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. #74
    Global Moderator
    Moderator

    Zyphlin's Avatar
    Join Date
    Jul 2005
    Location
    NoMoAuchie
    Last Seen
    @
    Gender
    Lean
    Independent
    Posts
    47,940

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

    You have the right to REMAIN silent.

    You do not have the right to not be questioned.

    If you want out of interrogation and don’t want to say anything, request a lawyer. If they have nothing to hold you on they should be able to get you out.

    I disagree 100% with this ruling however. You should not have to STATE that you’re invoking your right to remain silent, that’s asinine and stupid. You assert your right to remain silent by remaining silent. Once you begin to talk and answer questions then you temporary relinquish that right and anything you say can and will be used against you. After you speak if you want to return to REMAINING silent you’re free to.

    But NOTHING in the constitution nor in Miranda states “You have the right to not be questioned”. You can remain silent for as long as you want, but the cops are absolutely free to question you even if you’re clearly not giving answers.

  5. #75
    Cynical Optimist
    jambalaya's Avatar
    Join Date
    May 2010
    Location
    Columbia, SC
    Last Seen
    11-28-12 @ 05:19 PM
    Gender
    Lean
    Conservative
    Posts
    2,481

    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.
    I think that interrogation techniques are a separate issue from Miranda. We probably need to address the issue of interrogation separately. We cannot have Miranda that widely interpreted. This ruling just clears up a nuance to the Miranda law that had not been tested. It didn't take anything away from Miranda, it just didn't allow his to be added as a provision of Miranda.

  6. #76
    Professor
    Travelsonic's Avatar
    Join Date
    Jul 2006
    Last Seen
    12-09-17 @ 03:45 PM
    Lean
    Centrist
    Posts
    1,375

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

    Quote Originally Posted by Zyphlin View Post
    You can remain silent for as long as you want, but the cops are absolutely free to question you even if you’re clearly not giving answers.
    Though if you do invoke your right to remain silent, with the request for counseling [a lawyer] right after, doesn't the interrogation have to cease until said attorney is present?
    Nationalism in high dosages may be hazardous to your health. Please consult a psychiatrist before beginning a regular regimen, and if feelings of elitism and douchbaggery continue, discontinue immediately before you become unable to do so on your own.

  7. #77
    Cynical Optimist
    jambalaya's Avatar
    Join Date
    May 2010
    Location
    Columbia, SC
    Last Seen
    11-28-12 @ 05:19 PM
    Gender
    Lean
    Conservative
    Posts
    2,481

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

    Quote Originally Posted by Travelsonic View Post
    Though if you do invoke your right to remain silent, with the request for counseling [a lawyer] right after, doesn't the interrogation have to cease until said attorney is present?
    You are correct sir.

  8. #78
    Passionate
    Join Date
    Sep 2005
    Last Seen
    03-07-11 @ 04:35 PM
    Gender
    Lean
    Liberal
    Posts
    15,675

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

    Quote Originally Posted by jambalaya View Post
    You are correct sir.
    I believe that if you invoke your right to remain silent alone (without requesting a lawyer), the interrogation must stop. In this case, the guy didn't explicitly state he was invoking his right to remain silent.

  9. #79
    Global Moderator
    Moderator

    Zyphlin's Avatar
    Join Date
    Jul 2005
    Location
    NoMoAuchie
    Last Seen
    @
    Gender
    Lean
    Independent
    Posts
    47,940

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

    Quote Originally Posted by Travelsonic View Post
    Though if you do invoke your right to remain silent, with the request for counseling [a lawyer] right after, doesn't the interrogation have to cease until said attorney is present?
    Yes. If you request an attorney present then they can't ask you any further questions until such happens, or if they do anything you say is not admissable.

    You just want to be silent, then remain silent.

    You want to potentially end the questioning, ask for legal councel.

  10. #80
    Global Moderator
    Moderator

    Zyphlin's Avatar
    Join Date
    Jul 2005
    Location
    NoMoAuchie
    Last Seen
    @
    Gender
    Lean
    Independent
    Posts
    47,940

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

    Quote Originally Posted by aps View Post
    I believe that if you invoke your right to remain silent alone (without requesting a lawyer), the interrogation must stop. In this case, the guy didn't explicitly state he was invoking his right to remain silent.
    From what I understand from this thread and a bit of research, that is the federal law now due to this ruling (I think?).

    However previously that was not federal law, however many states had it as state law.

Page 8 of 18 FirstFirst ... 678910 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •