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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 1226 Views
What I don't like about this decision... - 01/06/2010 08:21:02 PM 792 Views
I think the only potential issue is if the person didn't understand the Miranda warning. - 01/06/2010 10:37:42 PM 730 Views
Damn you common sense!!! *NM* - 02/06/2010 02:56:17 AM 310 Views
that is an odd way of looking at it - 01/06/2010 11:58:12 PM 748 Views
I'm more referring to the almost "magic words" that Kennedy introduces here. - 02/06/2010 12:18:07 AM 752 Views
So we should not allow police to question people at all? - 02/06/2010 12:31:27 AM 690 Views
You won't hear me complain if the Miranda rights are scaled back a bit. - 02/06/2010 12:40:23 AM 672 Views
The goal is not to keep guilty people from confessing - 02/06/2010 01:48:48 AM 707 Views
The way I see it... - 02/06/2010 03:06:01 AM 827 Views
Seems reasonable to me - 01/06/2010 09:44:30 PM 825 Views
This seems reasonable to me. - 01/06/2010 09:47:34 PM 762 Views
Hey deaf people who can't speak... pound sand. - 01/06/2010 09:55:41 PM 824 Views
well the deaf can simply close their eyes and end the interview - 02/06/2010 12:26:31 AM 709 Views
Re: well the deaf can simply close their eyes and end the interview - 02/06/2010 03:57:35 AM 724 Views
you are often questioned by the police? What are you doing to make that happen? - 02/06/2010 03:35:47 PM 757 Views
I travel internationally - 02/06/2010 08:40:38 PM 730 Views
This decision is a setback for us all. - 01/06/2010 10:10:51 PM 834 Views
No it isn't. - 01/06/2010 10:42:06 PM 754 Views
Re: No it isn't. - 01/06/2010 11:26:07 PM 763 Views
bah - 02/06/2010 12:11:46 AM 710 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM* - 02/06/2010 12:38:24 AM 303 Views
Close, but not cigar. - 02/06/2010 01:30:19 AM 772 Views
if they catch more bad guys is that a bad thing? *NM* - 02/06/2010 01:50:12 AM 314 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate? - 02/06/2010 02:18:26 AM 723 Views
I think you have to have reasonable balance - 02/06/2010 05:48:31 PM 782 Views
You are at the intersection of bull and shit. - 02/06/2010 04:00:32 PM 750 Views
Re: You are at the intersection of bull and shit. - 02/06/2010 10:18:36 PM 750 Views
Hey douchebag, you're still wrong. - 02/06/2010 10:34:48 PM 723 Views
Any particular reason you started the name calling? - 02/06/2010 10:58:47 PM 664 Views
At what point did that happen? - 02/06/2010 01:26:13 AM 687 Views
This is what I alluded to in my response. - 02/06/2010 01:44:14 AM 785 Views
Re: At what point did that happen? - 02/06/2010 01:48:52 AM 816 Views
I am confused - 01/06/2010 11:09:14 PM 732 Views
Re: I am confused - 01/06/2010 11:15:07 PM 671 Views
ummm, no... - 02/06/2010 12:13:59 AM 768 Views
Re: ummm, no... - 02/06/2010 01:38:54 AM 711 Views
spare me the pontificating - 02/06/2010 01:50:27 AM 806 Views
Re: spare me the pontificating - 02/06/2010 02:01:27 AM 691 Views
you never wave your right to remain silent forever - 02/06/2010 01:53:07 AM 678 Views
It's perhaps odd that we're on opposite sides of this. - 02/06/2010 01:59:46 AM 707 Views
Nothing has changed - 02/06/2010 01:56:08 AM 712 Views
As far as I can tell, this changes nothing and simply maintains the status quo. - 01/06/2010 11:27:36 PM 730 Views
An interesting way of looking at it at the end. - 02/06/2010 02:05:34 AM 786 Views
For those who don't understand the techniques of police interrogation let me make this clear. - 02/06/2010 01:57:51 AM 796 Views
Good advice - 02/06/2010 04:00:45 AM 657 Views
I always love in the TV shows when... - 02/06/2010 04:16:35 AM 762 Views
Re: I always love in the TV shows when... - 02/06/2010 04:36:34 AM 851 Views

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