- cross-posted to:
- greentext@lemmy.ml
- cross-posted to:
- greentext@lemmy.ml
cross-posted from: https://lemdro.id/post/28115777
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he wasn’t so silent when he voluntarily went on the news and basically let everyone know he was involved by having a panic attack on live tv.
Funnily enough, the supreme court ruled that you cannot invoke your right to remain silent by remaining silent. You have to actually say something about “I want a lawyer.”
Why the fuck do you have to invoke it at all? It’s a right. They should all be invoked by default.
Because they wanted to prosecute a guy who used that right, and they decided it needed to be reinterpreted to suit their desires.
Depends where you live
I heard about a guy in my country who admitted to have murdered someone
but the police couldn’t prove he did it - so he walked.
They then later found the real killer. the first guy “confessed” to it because he thought he didn’t have any other way out.
The police have to prove it - a confession can be unrealiable
at least where i live. in the US people are threatened with prison-time by the police, just to force a confession, so they can close the case and move on. Even though the police doesn’t throw people in prison… a judge does.
Yes this only works in the US. No matter what they say, the only words that should be coming out of your mouth is “I would like to speak with a lawyer”. And then close your mouth. Police in the US are allowed to lie to you to get the information they* need, but asking for a lawyer right at the start shuts the entire conversation down before they even get a chance to do so. In the US.
FYI:
Later, at his trial, prosecutors told jurors that his silence in the face of that question showed that he was guilty,
https://en.wikipedia.org/wiki/Berghuis_v._Thompkins
Understand how to invoke your right to remain silent and what consequences silence or otherwise may have–especially if improperly used.
Invoking your fifth amendment cannot be used to as evidence against you in a criminal court, but it can be used in civil cases. Its called adverse inference. Basically in a civil court if you refuse to provide information, it can be used against you to decide a fine or penalty. But it cannot lead to your incarceration under a criminal indictment. Griffin V California from '65
Yes, but the case being referenced involved what it means to invoke your fifth amendment rights.
Is remaining silent invoking the right, or do you have to state “I am invoking the right to remain silent”, or some other statement?Per the supreme Court, you can’t passively invoke the right and can only do so actively. So simply not answering a question isn’t invoking the fifth amendment and could be used against you.
That seems fucking stupid as hell, why do you need to “invoke” any right at all? And why would there be a requirement to access this right that most people wouldn’t know
You’re talking about a country where “I want a lawyer, dawg” is not sufficient to be provided a lawyer, because the cops can reasonably think that you want a dog that’s a lawyer. The legal system in the US is beyond saving.
Please tell me this isn’t true. Lie to me if required. I can’t handle any more America. This may be the metaphorical straw
I said lie to me you motherfucker
Da fuck?
Maybe you should just always say that you did it. Everything else is not worth the effort. The system is fucked and Americans too
Because everyone thinks they’re just going to either explain what happened and it’ll all be fine (it won’t), or they think they can just weave a great big lie and the cops will buy it (they won’t). Don’t talk to the police without an attourney. If you’re in that chair, it’s because they want to implicate you in some way, regardless of right or wrong. While they might throw a fit about it, refusing to speak without an attourney present is your right and is in no way an admission of guilt.
You do have to specifically invoke the right, though. But all you really have to say is, “I’m invoking my 5th amendment right to stay silent and will not be answering questions without an attorney present.”
Yo I swear to god.
So I got arrested for “aggravated assult” because I defended myself against a racist bully in highschool
And you know what the fuck did my mom do, start fucking discussing about the details of case during the parent meeting thing.
And also like literally the next day when I had to go to the juvenile court system thing, my mom keeps saying a bunch of shit to the court staff, WHO IS NOT THE PUBLIC DEFENDER BTW.
Mom wtf, are your stupid. Are you TRYING to fuck it up even more? Shut the fuck up.
Literally I keep trying to tell her to shut the fuck up, stoping mentioning details other than just simply deny the allegations.
(Charges ended up dropped)
Also btw, I start using a non-english language to talk to my mom (cuz English isn’t our Native Language) and the court staff immediately got more aggressive with their tone and treated me as though I was conspiring with mom about something. And they demanded for us to use English. Xenophobic pieces of shit court system.
I’m glad I had Citizenship, the system would literally attempt to deport a minor over a school fight. Cruel as fuck.
I mean strictly speaking by using a language other than the native one of the court you were conspiring with your mother.
Conspiring is just planning or acting jointly with another in secret in its most mundane form.
If your hiding your conversation by changing the language that is text book boring mundane conspiracy.
Even if you didn’t intend to hide it, you were in fact doing so. It’s entirely understandable for a court to demand you speak the language of the court or have a translator present to ensure everyone understands.
“the native one of the court” but the US doesn’t have an official language
That’s just his opinion, it’s not a law.
