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  #1  
Old 06-01-2010, 02:28 PM
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finnbow finnbow is offline
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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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Old 06-01-2010, 03:20 PM
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merrylander merrylander is offline
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Right, a simple "Fuck off and stop bothering me" should do it.
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  #3  
Old 06-01-2010, 03:31 PM
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Fast_Eddie Fast_Eddie is offline
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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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Old 06-01-2010, 03:38 PM
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finnbow finnbow is offline
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Quote:
Originally Posted by Fast_Eddie View Post
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.
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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  #5  
Old 06-01-2010, 03:48 PM
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d-ray657 d-ray657 is offline
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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
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  #6  
Old 06-01-2010, 05:42 PM
Charles Charles is offline
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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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  #7  
Old 06-01-2010, 05:54 PM
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d-ray657 d-ray657 is offline
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Quote:
Originally Posted by Charles View Post
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
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
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  #8  
Old 06-01-2010, 07:13 PM
Charles Charles is offline
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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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  #9  
Old 06-01-2010, 07:25 PM
Sandy G Sandy G is offline
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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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  #10  
Old 06-01-2010, 08:14 PM
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Grumpy Grumpy is offline
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Quote:
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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..."

You and me both
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