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It's perhaps odd that we're on opposite sides of this. Joel Send a noteboard - 02/06/2010 01:59:46 AM
Good to see you again, by the way; for a while I was afraid I'd been a bit too much of a jerk in our first conversation and run you off for good. Sorry about that :[
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.

At least to some degree; I do feel that if they want to parse things so finely cops should be required to make the need for an "unambiguous" assertion of the right to remain silent part of the Miranda rap.

You're right though; there's a mountain of documentation on coerced jailhouse confessions. Despite Miranda, and prior to this ruling. People are on death row because of them; people have been executed because of them. Perhaps the worst part is that judges and even juries regularly look the other way; if someone admits guilt most people will consider them guilty whatever duress was applied to obtain the confession. A good defense attorney may be able to prevent such a statements acceptance as evidence, but if not conviction is almost guaranteed.

This ruling does not create that real, grave and preexisting problem. If a cop decides to take you in the back room and work you over with a rubber hose until you confess, saying, "I'm exercising my right to remain silent" first won't stop him. What this ruling will do is prevent a criminal who lets something slip from invoking their right against self incrimination retroactively.
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SCOTUS Update: Right to remain silent? Suspect better speak up - - 01/06/2010 07:53:14 PM 1147 Views
What I don't like about this decision... - 01/06/2010 08:21:02 PM 729 Views
I think the only potential issue is if the person didn't understand the Miranda warning. - 01/06/2010 10:37:42 PM 662 Views
Damn you common sense!!! *NM* - 02/06/2010 02:56:17 AM 286 Views
that is an odd way of looking at it - 01/06/2010 11:58:12 PM 677 Views
I'm more referring to the almost "magic words" that Kennedy introduces here. - 02/06/2010 12:18:07 AM 694 Views
So we should not allow police to question people at all? - 02/06/2010 12:31:27 AM 626 Views
You won't hear me complain if the Miranda rights are scaled back a bit. - 02/06/2010 12:40:23 AM 616 Views
The goal is not to keep guilty people from confessing - 02/06/2010 01:48:48 AM 644 Views
The way I see it... - 02/06/2010 03:06:01 AM 772 Views
Seems reasonable to me - 01/06/2010 09:44:30 PM 757 Views
This seems reasonable to me. - 01/06/2010 09:47:34 PM 703 Views
Hey deaf people who can't speak... pound sand. - 01/06/2010 09:55:41 PM 757 Views
well the deaf can simply close their eyes and end the interview - 02/06/2010 12:26:31 AM 656 Views
Re: well the deaf can simply close their eyes and end the interview - 02/06/2010 03:57:35 AM 664 Views
you are often questioned by the police? What are you doing to make that happen? - 02/06/2010 03:35:47 PM 701 Views
I travel internationally - 02/06/2010 08:40:38 PM 668 Views
This decision is a setback for us all. - 01/06/2010 10:10:51 PM 773 Views
No it isn't. - 01/06/2010 10:42:06 PM 686 Views
Re: No it isn't. - 01/06/2010 11:26:07 PM 702 Views
bah - 02/06/2010 12:11:46 AM 653 Views
Teach people to say "I'm not saying anything until my lawyer gets here." Period. *NM* - 02/06/2010 12:38:24 AM 277 Views
Close, but not cigar. - 02/06/2010 01:30:19 AM 707 Views
if they catch more bad guys is that a bad thing? *NM* - 02/06/2010 01:50:12 AM 292 Views
Would you be okay with the prohibition of firearms if it lowered the crime rate? - 02/06/2010 02:18:26 AM 669 Views
I think you have to have reasonable balance - 02/06/2010 05:48:31 PM 723 Views
You are at the intersection of bull and shit. - 02/06/2010 04:00:32 PM 688 Views
Re: You are at the intersection of bull and shit. - 02/06/2010 10:18:36 PM 678 Views
Hey douchebag, you're still wrong. - 02/06/2010 10:34:48 PM 662 Views
Any particular reason you started the name calling? - 02/06/2010 10:58:47 PM 604 Views
At what point did that happen? - 02/06/2010 01:26:13 AM 625 Views
This is what I alluded to in my response. - 02/06/2010 01:44:14 AM 724 Views
Re: At what point did that happen? - 02/06/2010 01:48:52 AM 744 Views
I am confused - 01/06/2010 11:09:14 PM 673 Views
Re: I am confused - 01/06/2010 11:15:07 PM 613 Views
ummm, no... - 02/06/2010 12:13:59 AM 703 Views
Re: ummm, no... - 02/06/2010 01:38:54 AM 645 Views
spare me the pontificating - 02/06/2010 01:50:27 AM 738 Views
Re: spare me the pontificating - 02/06/2010 02:01:27 AM 631 Views
you never wave your right to remain silent forever - 02/06/2010 01:53:07 AM 616 Views
It's perhaps odd that we're on opposite sides of this. - 02/06/2010 01:59:46 AM 654 Views
Nothing has changed - 02/06/2010 01:56:08 AM 645 Views
As far as I can tell, this changes nothing and simply maintains the status quo. - 01/06/2010 11:27:36 PM 665 Views
An interesting way of looking at it at the end. - 02/06/2010 02:05:34 AM 733 Views
For those who don't understand the techniques of police interrogation let me make this clear. - 02/06/2010 01:57:51 AM 722 Views
Good advice - 02/06/2010 04:00:45 AM 605 Views
I always love in the TV shows when... - 02/06/2010 04:16:35 AM 702 Views
Re: I always love in the TV shows when... - 02/06/2010 04:36:34 AM 795 Views

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