Rights lost I don't understand this

[tommyg]

I don't understand this but it does not look good
...

[Wes]

You can read some previous discussion on it here

viewtopic.php?f=82&t=23154&p=833576&#p833576" onclick="window.open(this.href);return false;

[Wes]

And here

viewtopic.php?f=83&t=67082&p=823963&#p823963" onclick="window.open(this.href);return false;

[Jumping Frog]

You know, it would help if at least one person would be thoughtful enough to give even a single sentence on what the heck the topic is instead of just posting inscrutable links.

[Beiruty]

So let us see, if someone was shot badly and could not speak, then he kept silent when questioned. Assuming he has no right to be silent, how he force him to talk, or how his silence is considered an implicit admission of guilt? How such "evidence" can be used in court of law? Jurors all have the minimum intelligence to know the 5th A. If not, we are in real trouble.

[chasfm11]

So let us see, if someone was shot badly and could not speak, then he kept silent when questioned. Assuming he has no right to be silent, how he force him to talk, or how his silence is considered an implicit admission of guilt? How such "evidence" can be used in court of law? Jurors all have the minimum intelligence to know the 5th A. If not, we are in real trouble.

We're in real trouble. I'm not sure all of the jurors understand that there is a Constitution. The war that the Elites have waged on the Constitution has left many people believing that it is an arcane document that no longer has any power. They are pretty close to being right in a lot of cases.

[MeMelYup]

I think it means you have to invoke your right to not self incriminate because your body language can and will incriminate you. A persons body speaks for itself without you saying a word.

[hillfighter]

If you assert your right against self incrimination, and then make an oral statement, I don't think investigators are obligated to ignore that. I don't think non-verbal communication should be treated much differently by investigators, although there are definitely differences when it comes to evidence in a court of law and a jury's interpretation.




"Describe what Marsellus Wallace looks like."

[PArrow]

Good time to bring up something all of us should know.

The Police are not there to help you, they are there to collect evidence. NOTHING in the Miranda Right is for you "Anything you say may be used against you", doesn't say a thing about helping you.

Even as a wittiness you have to be careful. If you were involved in a criminal investigation you should consult with a lawyer before you answer any questions.

[Jaguar]

In a nutshell,

Then the cops asked whether the gun would match the shells from the scene of the murder. According to the police, Salinas stopped talking, shuffled his feet, bit his lip, and started to tighten up.

At trial, Salinas did not testify, but prosecutors described his reportedly uncomfortable reaction to the question about his shotgun. Salinas argued this violated his Fifth Amendment rights: He had remained silent, and the Supreme Court had previously made clear that prosecutors can’t bring up a defendant’s refusal to answer the state’s questions. This time around, however, Justice Samuel Alito blithely responded that Salinas was “free to leave” and did not assert his right to remain silent. He was silent. But somehow, without a lawyer, and without being told his rights, he should have affirmatively “invoked” his right to not answer questions.

and,

Writing for the dissent, Justice Breyer asked, “How can an individual who is not a lawyer know that these particular words [“I expressly invoke the privilege against self incrimination”] are legally magic?”

I guess I need to practice replacing the phrase "I don't talk to police" with “I expressly invoke the privilege against self incrimination”

[JP171]

I am curious, has Justice Alito ever tried to walk out of a police station while being questioned? no? didn't think so, the defendant was never free to go Miranda or not as texas does not require Miranda to be read while being detained.