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This seems reasonable to me. Joel Send a noteboard - 01/06/2010 09:47:34 PM
I'd like to require an "unambiguous" statement that you not only have the right to remain silent but can prevent further questioning by invoking it if we're going to do it this way, but it's fair. If they tell you you don't have to talk and you do it anyway, that's hardly their fault. Similarly, the Fifth Amendment protects against compulsions to testify against oneself, but doesn't preclude confessions or other voluntary admissions. Otherwise a suspect advised of his rights could literally get away with murder by confessing and THEN invoking his right to remain silent. Obviously in low scrutiny locales where suspects either aren't advised of their rights or even have them routinely ignored it would be a problem, but that's not really a problem stemming from this decision, rather, a deeper one.
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SCOTUS Update: Right to remain silent? Suspect better speak up - - 01/06/2010 07:53:14 PM 1268 Views
What I don't like about this decision... - 01/06/2010 08:21:02 PM 836 Views
I think the only potential issue is if the person didn't understand the Miranda warning. - 01/06/2010 10:37:42 PM 769 Views
Damn you common sense!!! *NM* - 02/06/2010 02:56:17 AM 328 Views
that is an odd way of looking at it - 01/06/2010 11:58:12 PM 791 Views
I'm more referring to the almost "magic words" that Kennedy introduces here. - 02/06/2010 12:18:07 AM 800 Views
So we should not allow police to question people at all? - 02/06/2010 12:31:27 AM 726 Views
You won't hear me complain if the Miranda rights are scaled back a bit. - 02/06/2010 12:40:23 AM 710 Views
The goal is not to keep guilty people from confessing - 02/06/2010 01:48:48 AM 745 Views
The way I see it... - 02/06/2010 03:06:01 AM 873 Views
Seems reasonable to me - 01/06/2010 09:44:30 PM 864 Views
This seems reasonable to me. - 01/06/2010 09:47:34 PM 814 Views
Hey deaf people who can't speak... pound sand. - 01/06/2010 09:55:41 PM 868 Views
well the deaf can simply close their eyes and end the interview - 02/06/2010 12:26:31 AM 750 Views
Re: well the deaf can simply close their eyes and end the interview - 02/06/2010 03:57:35 AM 767 Views
you are often questioned by the police? What are you doing to make that happen? - 02/06/2010 03:35:47 PM 803 Views
I travel internationally - 02/06/2010 08:40:38 PM 770 Views
This decision is a setback for us all. - 01/06/2010 10:10:51 PM 885 Views
No it isn't. - 01/06/2010 10:42:06 PM 794 Views
Re: No it isn't. - 01/06/2010 11:26:07 PM 807 Views
bah - 02/06/2010 12:11:46 AM 749 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM* - 02/06/2010 12:38:24 AM 321 Views
Close, but not cigar. - 02/06/2010 01:30:19 AM 811 Views
if they catch more bad guys is that a bad thing? *NM* - 02/06/2010 01:50:12 AM 332 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate? - 02/06/2010 02:18:26 AM 773 Views
I think you have to have reasonable balance - 02/06/2010 05:48:31 PM 829 Views
You are at the intersection of bull and shit. - 02/06/2010 04:00:32 PM 791 Views
Re: You are at the intersection of bull and shit. - 02/06/2010 10:18:36 PM 789 Views
Hey douchebag, you're still wrong. - 02/06/2010 10:34:48 PM 768 Views
Any particular reason you started the name calling? - 02/06/2010 10:58:47 PM 707 Views
At what point did that happen? - 02/06/2010 01:26:13 AM 731 Views
This is what I alluded to in my response. - 02/06/2010 01:44:14 AM 825 Views
Re: At what point did that happen? - 02/06/2010 01:48:52 AM 854 Views
I am confused - 01/06/2010 11:09:14 PM 781 Views
Re: I am confused - 01/06/2010 11:15:07 PM 718 Views
ummm, no... - 02/06/2010 12:13:59 AM 805 Views
Re: ummm, no... - 02/06/2010 01:38:54 AM 754 Views
spare me the pontificating - 02/06/2010 01:50:27 AM 848 Views
Re: spare me the pontificating - 02/06/2010 02:01:27 AM 735 Views
you never wave your right to remain silent forever - 02/06/2010 01:53:07 AM 719 Views
It's perhaps odd that we're on opposite sides of this. - 02/06/2010 01:59:46 AM 757 Views
Nothing has changed - 02/06/2010 01:56:08 AM 753 Views
As far as I can tell, this changes nothing and simply maintains the status quo. - 01/06/2010 11:27:36 PM 770 Views
An interesting way of looking at it at the end. - 02/06/2010 02:05:34 AM 831 Views
For those who don't understand the techniques of police interrogation let me make this clear. - 02/06/2010 01:57:51 AM 843 Views
Good advice - 02/06/2010 04:00:45 AM 704 Views
I always love in the TV shows when... - 02/06/2010 04:16:35 AM 811 Views
Re: I always love in the TV shows when... - 02/06/2010 04:36:34 AM 896 Views

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