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06-01-2010, 02:28 PM
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Reformed Know-Nothing
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Join Date: Oct 2009
Location: MoCo, MD
Posts: 25,907
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The Miranda Right to Remain Silent ...
... but only if you speak up.
Let me get this straight. A cop tells you that "you have the right to remain silent." So, you remain silent, but in doing so you no longer have that right.
I agree with Sotomayor's take on this one.
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As long as the roots are not severed, all will be well in the garden.
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06-01-2010, 03:20 PM
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Resident octogenarian
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Join Date: May 2009
Location: Maryland
Posts: 20,860
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Right, a simple "Fuck off and stop bothering me" should do it.
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Great minds discuss ideas; Average minds discuss events; Small minds discuss people.
Eleanor Roosevelt
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06-01-2010, 03:31 PM
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Senior Member
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Join Date: Jul 2009
Location: Denver, CO
Posts: 3,075
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But, if you say "I'd like to invoke my right to remain silent" do they have to stop questioning you? If so I'm okay with it.
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Two days slow. That's what they are.
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06-01-2010, 03:38 PM
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Reformed Know-Nothing
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Join Date: Oct 2009
Location: MoCo, MD
Posts: 25,907
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Quote:
Originally Posted by Fast_Eddie
But, if you say "I'd like to invoke my right to remain silent" do they have to stop questioning you? If so I'm okay with it.
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Apparently yes. However, I'm not sure how you are supposed to know that.
It just seems counterintuitive to say that one must affirmatively say out loud "I am invoking my right to remain silent." It just touched my irony bone.
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As long as the roots are not severed, all will be well in the garden.
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06-01-2010, 03:48 PM
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Loyal Opposition
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Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
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If you invoke your right to remain silent, the authorities may resume questioning at a later time. However, if you invoke your right to counsel, they cannot engage in any further questioning without the presence of counsel.
This is incrementalism of the worst kind. Push the rights back a little bit here and a little bit there, then it's time to push them just a little bit more here. A drip by drip erosion of liberty.
Regards,
D-Ray
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
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06-01-2010, 05:42 PM
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Senior Member
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Join Date: May 2009
Posts: 10,348
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Don't tell 'em shit...the first thing cons learn at the joint.
Even if you're not a con, don't tell 'em shit.
Chas
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06-01-2010, 05:54 PM
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Loyal Opposition
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Join Date: Oct 2009
Location: Johnson County, Kansas
Posts: 14,401
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Quote:
Originally Posted by Charles
Don't tell 'em shit...the first thing cons learn at the joint.
Even if you're not a con, don't tell 'em shit.
Chas
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And if the prisoner just says "I ain't telling you shit'" this court would probably say that wasn't good enough because he didn't use the magic words.
Regards,
D-Ray
__________________
Then I'll get on my knees and pray,
We won't get fooled again; Don't get fooled again
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06-01-2010, 07:13 PM
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Senior Member
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Join Date: May 2009
Posts: 10,348
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But Tuesday's majority said that suspects must break their silence and tell police they are going to remain quiet to stop an interrogation, just as they must tell police that they want a lawyer.
It looks to me that the SC has too much time on their hands if they have nothing better to look into than this.
Are we dealing with mutes?
Chas
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06-01-2010, 07:25 PM
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Senior Member
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Join Date: May 2009
Posts: 1,354
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Hehehehehe...I like what Ron "Tater Salad" White had to say about it- "I had the RIGHT to remain silent, but not the ABILITY..."
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06-01-2010, 08:14 PM
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Administrator
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Join Date: May 2007
Posts: 1,943
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Quote:
Originally Posted by Sandy G
Hehehehehe...I like what Ron "Tater Salad" White had to say about it- "I had the RIGHT to remain silent, but not the ABILITY..."
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You and me both
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