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spare me the pontificating damookster Send a noteboard - 02/06/2010 01:50:27 AM
rather it means you haven't stated either way if you will be exercising your Miranda rights. Hence, they can continue questioning. Until such time as you do definitively exercise said rights.


The implication of silence is now a waiver for the right to remain silent. Before they could not continue questioning you for hours if you remained silent because the constructive implication is you were electing to use your right to remain silent. Now, that legal construction is gone and the cops WILL abuse it. In addition, if you do not know the amount of pressure that can be brought to bear on an innocent person during an interrogation I suggest you do a quick Google search on the innocence project and false confessions.



Hours? Really? What exactly does that mean? Could they question you for two hours, but not three? One but not two? Four but not five? Where was the cut-off, at 31 minutes past the hour? Did it differ from jurisdiction to jurisdiction or was there a federally mandated standard? Do you realize how ridiculous that sounds? If anything this is an improvement from the vague and ambiguous "hours" to a definitive stopping point.

And please don't preach to me about police tactics. I grew up in an era when police could search you because you had long hair and were wearing bell-bottoms, and when many such persons "fell down the stairs" when brought to the police station. So thanks but I don't need the education.
Mook

*MySmiley*



"Bustin' makes me feel good!"

Ghostbusters, by Ray Parker Jr.
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SCOTUS Update: Right to remain silent? Suspect better speak up - - 01/06/2010 07:53:14 PM 1252 Views
What I don't like about this decision... - 01/06/2010 08:21:02 PM 821 Views
I think the only potential issue is if the person didn't understand the Miranda warning. - 01/06/2010 10:37:42 PM 756 Views
Damn you common sense!!! *NM* - 02/06/2010 02:56:17 AM 322 Views
that is an odd way of looking at it - 01/06/2010 11:58:12 PM 778 Views
I'm more referring to the almost "magic words" that Kennedy introduces here. - 02/06/2010 12:18:07 AM 784 Views
So we should not allow police to question people at all? - 02/06/2010 12:31:27 AM 713 Views
You won't hear me complain if the Miranda rights are scaled back a bit. - 02/06/2010 12:40:23 AM 697 Views
The goal is not to keep guilty people from confessing - 02/06/2010 01:48:48 AM 732 Views
The way I see it... - 02/06/2010 03:06:01 AM 856 Views
Seems reasonable to me - 01/06/2010 09:44:30 PM 851 Views
This seems reasonable to me. - 01/06/2010 09:47:34 PM 799 Views
Hey deaf people who can't speak... pound sand. - 01/06/2010 09:55:41 PM 852 Views
well the deaf can simply close their eyes and end the interview - 02/06/2010 12:26:31 AM 738 Views
Re: well the deaf can simply close their eyes and end the interview - 02/06/2010 03:57:35 AM 751 Views
you are often questioned by the police? What are you doing to make that happen? - 02/06/2010 03:35:47 PM 784 Views
I travel internationally - 02/06/2010 08:40:38 PM 756 Views
This decision is a setback for us all. - 01/06/2010 10:10:51 PM 865 Views
No it isn't. - 01/06/2010 10:42:06 PM 780 Views
Re: No it isn't. - 01/06/2010 11:26:07 PM 795 Views
bah - 02/06/2010 12:11:46 AM 736 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM* - 02/06/2010 12:38:24 AM 315 Views
Close, but not cigar. - 02/06/2010 01:30:19 AM 798 Views
if they catch more bad guys is that a bad thing? *NM* - 02/06/2010 01:50:12 AM 325 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate? - 02/06/2010 02:18:26 AM 759 Views
I think you have to have reasonable balance - 02/06/2010 05:48:31 PM 815 Views
You are at the intersection of bull and shit. - 02/06/2010 04:00:32 PM 778 Views
Re: You are at the intersection of bull and shit. - 02/06/2010 10:18:36 PM 776 Views
Hey douchebag, you're still wrong. - 02/06/2010 10:34:48 PM 756 Views
Any particular reason you started the name calling? - 02/06/2010 10:58:47 PM 694 Views
At what point did that happen? - 02/06/2010 01:26:13 AM 714 Views
This is what I alluded to in my response. - 02/06/2010 01:44:14 AM 813 Views
Re: At what point did that happen? - 02/06/2010 01:48:52 AM 842 Views
I am confused - 01/06/2010 11:09:14 PM 763 Views
Re: I am confused - 01/06/2010 11:15:07 PM 700 Views
ummm, no... - 02/06/2010 12:13:59 AM 795 Views
Re: ummm, no... - 02/06/2010 01:38:54 AM 736 Views
spare me the pontificating - 02/06/2010 01:50:27 AM 835 Views
Re: spare me the pontificating - 02/06/2010 02:01:27 AM 720 Views
you never wave your right to remain silent forever - 02/06/2010 01:53:07 AM 702 Views
It's perhaps odd that we're on opposite sides of this. - 02/06/2010 01:59:46 AM 741 Views
Nothing has changed - 02/06/2010 01:56:08 AM 741 Views
As far as I can tell, this changes nothing and simply maintains the status quo. - 01/06/2010 11:27:36 PM 756 Views
An interesting way of looking at it at the end. - 02/06/2010 02:05:34 AM 817 Views
For those who don't understand the techniques of police interrogation let me make this clear. - 02/06/2010 01:57:51 AM 827 Views
Good advice - 02/06/2010 04:00:45 AM 693 Views
I always love in the TV shows when... - 02/06/2010 04:16:35 AM 794 Views
Re: I always love in the TV shows when... - 02/06/2010 04:36:34 AM 880 Views

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