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The Judicial Branch Topics and information of interest to SOS associates in relation to courts, law, and justice |
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#1
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State Supreme Court Takes Chunk From 5th Amendment
Catch 22. Waive your right to remain silent, and have your statements used against you without restriction, or remain silent and have your silence used against you anyway. One right at a time folks......how many will you have to lose before you declare independence?
http://www.sacbee.com/2014/08/15/663...imes-show.html Quote:
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#2
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The article is distracting from the real issue.
There has already been a US supreme court decision that the detained individual must inform the LEO that he has a right to remain silent. In other words, the LEO isn't at fault until for trying to compel a statement until he advises of the subject's Miranda rights, unless the subject asserts those rights. So, if one wishes to remain silent, he has to assert his Miranda rights under the 5th amendment. If he fails to do so, anything he says is fair game for the prosecutor. This is the REAL issue, and it is frightening as to the potential for prosecutorial abuse: Quote:
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This is some really goofy reasoning, sort of like ducking a suspected witch - if the person drowns then he's innocent, surviving submergence means guilt and summery execution.
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