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Law & Order Discuss Right to remain silent? Suspect better speak up at the Political Forums; washingtonpost.com Snip, In a narrowly split decision, the Supreme Court's conservative majority expanded its limits on the famous Miranda rights ...

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Old 06-01-2010, 09:54 PM
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Default Right to remain silent? Suspect better speak up

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In a narrowly split decision, the Supreme Court's conservative majority expanded its limits on the famous Miranda rights for criminal suspects on Tuesday - over the dissent of new Justice Sonia Sotomayor, who said the ruling turned Americans' rights of protection from police abuse "upside down."

Justice Anthony Kennedy, who wrote the majority opinion, said a suspect who goes ahead and talks to police after being informed he doesn't have to has waived his right to remain silent. Elena Kagan, who has been nominated by President Barack Obama to join the court, sided with the police as U.S. solicitor general when the case came before the court. She would replace Justice John Paul Stevens, one of the dissenters.
I always the proper response was "I want to speak to my attorney", regardless of any question you were asked.
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Old 06-01-2010, 10:11 PM
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Default Re: Right to remain silent? Suspect better speak up

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I always the proper response was "I want to speak to my attorney", regardless of any question you were asked.
I am delighted to see that you apparently haven't spent too much time around serious criminals. They tend to be, to put it gently, "other than clever." They often ramble on about this and that, and felonious acts in their past.
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Old 06-01-2010, 10:49 PM
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Default Re: Right to remain silent? Suspect better speak up

I served as my own attorney in two felony cases and won both of them! Not only did I refuse to speak to anyone,I also refused to give them my prints and at the time,that warranted an extra 90 days in jail.

When charged with a crime,especially a felony...say nothing!


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Old 06-01-2010, 11:34 PM
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Default Re: Right to remain silent? Suspect better speak up

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I served as my own attorney in two felony cases and won both of them! Not only did I refuse to speak to anyone,I also refused to give them my prints and at the time,that warranted an extra 90 days in jail.

When charged with a crime,especially a felony...say nothing!


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Well now, I wonder what folks are feeling nosy curious about today?
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Old 06-01-2010, 11:40 PM
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Default Re: Right to remain silent? Suspect better speak up

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Originally Posted by Oftencold View Post
I am delighted to see that you apparently haven't spent too much time around serious criminals. They tend to be, to put it gently, "other than clever." They often ramble on about this and that, and felonious acts in their past.
I'm starting to wonder,
Quote:
Originally Posted by Spencer Collins
I served as my own attorney in two felony cases and won both of them! Not only did I refuse to speak to anyone,I also refused to give them my prints and at the time,that warranted an extra 90 days in jail.

When charged with a crime,especially a felony...say nothing!


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Old 06-01-2010, 11:50 PM
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Default Re: Right to remain silent? Suspect better speak up

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I'm starting to wonder,

{Oftencold remebers an important reason to be somewhere else. Anywhere really. }
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Old 06-01-2010, 11:52 PM
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Default Re: Right to remain silent? Suspect better speak up

Suffice it to say that the jury "wondered" - deliberated- for only 20 minutes before rendering a not guilty verdict in the first case. In the 2nd case,I stooped em cold in their tracks,the prosecutor never made it past preliminary exam. I pointed out...they had the wrong date,location and the wrong license plate numbers!!! The judge through the case right out of court and scolded the prosecution..

Again...say nothing!


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Old 06-02-2010, 12:48 AM
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Default Re: Right to remain silent? Suspect better speak up

The country is more fl_ucked every day. Laws we fought for to get on the books are changed daily. at least this one was in the news.
Are we a communist country yet?
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Old 06-02-2010, 01:17 AM
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Default Re: Right to remain silent? Suspect better speak up

I agree with Justice Kennedy -"Thompkins did not say that he wanted to remain silent or that he did not want to talk to police," Kennedy said. "Had he made either of these simple, unambiguous statements, he would have invoked his 'right to cut off questioning.' Here he did neither, so he did not invoke his right to remain silent."


Quote:
This is the third time this session that the Supreme Court has placed limits on Miranda rights, which come from a 1966 decision - it involved police questioning of Ernesto Miranda in a rape and kidnapping case in Phoenix - requiring officers to tell suspects they have the right to remain silent and to have a lawyer represent them, even if they can't
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Old 06-02-2010, 09:12 AM
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Default Re: Right to remain silent? Suspect better speak up

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Miranda rights are the rights of a suspect to speak to an attorney and to remain silent. Police tell suspects about those rights in a statement called a Miranda warning that gets its name from a landmark Supreme Court ruling in 1966.

When police questioned Thompkins, he remained mostly silent for more than two hours, Jacobs said.

But he later answered "yes" when one of the officers asked him if he prayed for forgiveness for "shooting that boy down."

Justice Anthony Kennedy, writing for the majority, said Thompkins could have ended the questioning by telling the police he wanted to invoke his right to remain silent.
continued at site.....

From The Detroit News: Supreme Court narrows Miranda rights, keeps Michigan convict in prison | detnews.com | The Detroit News


This guy was not the brightest bulb in the pack, in fact I would say his lamp is burned out!

Of course the new SC Justice sotomayer sees this differently and can't fathom having to say you want a lawyer. And this is the best obama could come up with for the SC? GEEZ!

Quote:
In a dissent, Justice Sonia Sotomayor said the decision "turns Miranda upside down." It's counterintuitive, she said, to require a suspect to speak in order to exercise the right to remain silent.
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