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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 Zyphlin View Post
    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.
    Hmmmm. Let me find the link where I got my information from. I'll be right back.

    If I Choose To Remain Silent, Or Request An Attorney, But Later Decided To Answer Questions, Can They Use My Statement?

    If the police do try to question you after your arrest, they are supposed to cease interrogation if you exercise your right to remain silent or request an attorney. It should be noted that the request for an attorney is "more powerful" than a request to remain silent. Courts tend to view police claims that a suspect changed his mind about having an attorney with much more suspicion than claims that the suspect changed his mind about remaining silent.

    http://www.expertlaw.com/library/cri...da_rights.html
    Having read that and quoting the paraphrasing of what Kennedy said (I provided it in an above post of mine), I concluded that if a defendant stated, "I want to remain silent," interrogation must stop. The guy in this case apparently did not state anything--he just stayed silent until he incriminated himself.
    Last edited by aps; 06-04-10 at 12:03 PM.

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

    Quote Originally Posted by Deuce View Post
    DONT CONFESS THINGS TO THE POLICE. HOW HARD IS THIS?
    This is very very true. You're best off not saying a damned thing and getting a lawyer than talking to the cops.
    You know the time is right to take control, we gotta take offense against the status quo

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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.
    What difference does that make? That's not excessive. They were investigating a murder, they had a suspect, they weren't torturing him, and until he tells them "I want an attorney" they are well within their authority to question him. It was a murder, not shoplifting. He confessed...he could have said "I want an attorney." Failing to say "I want an attorney" is in no way an indication that he wants an attorney or to stop the questioning. It simply indicates he's not answering direct questions.

    Good for the cops, good for the Supreme Court. They got it right. Miranda is overrated in my opinion.
    *insert profound statement here*

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

    Quote Originally Posted by the makeout hobo View Post
    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.
    I do not believe that the police should be legally required to read Miranda rights seeing how every American should already be aware of their constional rights to remain silent and to have legal representation. Nor should it be grounds for some rat lawyer to try to get a trial overthrown. The police should not be legally required to remind you of your constitutional rights. Churches, news paper stands, tv stations and everyone else are not required to remind you of your first amendment rights, nor are anyone else required to remind you of your second amendment rights when ever you want to buy a firearm(although I do think those in office should be required to read the Constitution before making any laws). So the guy failing to remain silent was his own fault, he could have responded to every question "I plead the 5th" and "I want a lawyer" or simply continued to not say anything as the police kept questioning him.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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

    Ignorance of the law or rights is not a defense. Miranda has been around long enough, been presented on TV shows and the news that, IMO there is no excuse for not knowing you have a right to remain silent and have a lawyer. I support the Courts position.
    "I can explain it to you but, I can't understand it for you"

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

    Quote Originally Posted by Ikari View Post
    This is very very true. You're best off not saying a damned thing and getting a lawyer than talking to the cops.
    Absolutely, I tell my clients this all the time. There is NOTHING you can say that can possibly make things better once you're being questioned.

    Well, OK, the only thing I can think of would be "I was in Europe all last month and therefore could not have committed the crime, here are my plane tickets and passport and pictures from my trip." In other words, if you have an airtight alibi (and you really ARE not guilty) then that would be OK in my opinion!

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

    Quote Originally Posted by mike2810 View Post
    Ignorance of the law or rights is not a defense. Miranda has been around long enough, been presented on TV shows and the news that, IMO there is no excuse for not knowing you have a right to remain silent and have a lawyer. I support the Courts position.
    The problem in this case is that the defendant THOUGHT we WAS exercising his right -- he remained silent and refused to talk. The police refused to accept that and kept questioning him and he eventually broke down.

    I mean, if you're questioning someone and they refuse to say a word, isn't it obvious that they want to remain silent? Why do they have to say "I am remaining silent"?

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

    Quote Originally Posted by jamesrage View Post
    I do not believe that the police should be legally required to read Miranda rights seeing how every American should already be aware of their constional rights to remain silent and to have legal representation. Nor should it be grounds for some rat lawyer to try to get a trial overthrown. The police should not be legally required to remind you of your constitutional rights.
    Yes they should. It's an exercise not only to remind the People of their rights and abilities, but also to remind the authority that their power is limited. The police should definitely have to read us our rights. Just because most of us may know them doesn't mean that everyone knows them nor does it mean that we can quit informing people when they are arrested by government authority the rights and abilities they have to fight and protect themselves against government force.

    Quote Originally Posted by jamesrage View Post
    Churches, news paper stands, tv stations and everyone else are not required to remind you of your first amendment rights, nor are anyone else required to remind you of your second amendment rights when ever you want to buy a firearm(although I do think those in office should be required to read the Constitution before making any laws).
    None of those things are government agents. That's the difference.

    Quote Originally Posted by jamesrage View Post
    So the guy failing to remain silent was his own fault, he could have responded to every question "I plead the 5th" and "I want a lawyer" or simply continued to not say anything as the police kept questioning him.
    Could have and should have. He was also read his rights and knew about it. None of what happened in this case would suggest that having police officers stop reading rights is a good idea.
    You know the time is right to take control, we gotta take offense against the status quo

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    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

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

    Again, I'm still kind of confused. It's clear, to me, that the guy was invoking his right to be silent while he was silent. Upon speaking, it's obvious he changed his mind about being silent.

    I mean, am I to understand that if someone specifically says now, "I invoke my right to remain silent", and THEN confesses to the crime that what he said while he was invoking his 'right to remain silent' can't be held against him?

    I just don't get any of this. He spoke. He was TOLD, explicitly, that anything he said could and WOULD be used against him. And he spoke. Cut and dry as far as I'm concerned.

    As far as the cops questioning him for hours, well why the hell wouldn't they? He didn't tell them to stop. He didn't ask for a lawyer. Nothing. Why *wouldn't* they continue asking questions? Of COURSE they want him to speak, duh. That's their ****ing job.

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

    Quote Originally Posted by the makeout hobo View Post
    I would say that they refused him his right to be silent by continuing to question him when he was clearing exercising it.
    He should be held without interrogation until his attorney is present.

    This is the worst Court in my lifetime and I'm betting history will put this decision and the Citizens United decision up there with the Slaughterhouse Cases as some of the worst decisions in Court history.

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