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Court: Silence Can Be Used Against Suspects
AP ^ | Aug 15, 2014 | PAUL ELIAS

Posted on 08/15/2014 3:47:36 PM PDT by Jet Jaguar

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To: CodeToad

That’s a good point too.


261 posted on 08/17/2014 11:12:44 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: TexasGator

Then don’t. I couldn’t care less. And if you wish to think I just made stuff up, have at it.

You’re welcome to your own reality. From your perspective, it may make perfect sense. From my perspective it seems otherwise.


262 posted on 08/17/2014 11:14:16 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: DoughtyOne

“Then don’t. I couldn’t care less. And if you wish to think I just made stuff up, have at it.”

You have already admitted that you posted what I had not said. Since you posted it as my position, you must have made it up.


263 posted on 08/17/2014 11:17:03 AM PDT by TexasGator
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To: TexasGator

I explained to you what your acquiescence conveyed to me. Evidently you don’t have the tools to grasp that concept. I am comfortable with that. I didn’t make it up. It’s okay with me if you wish to comfort yourself with the idea I did.


264 posted on 08/17/2014 11:20:16 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: DoughtyOne

“I explained to you what your acquiescence conveyed to me.”

How is atatement of facts ‘acquiescence’? From my statement of facts you made a false insinuation and didn’t have the courtesy of even posting my words in your post. You admitted that I ‘conveyed’ it to you. IN YOUR DREAMS!


265 posted on 08/17/2014 11:29:46 AM PDT by TexasGator
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To: DoughtyOne

Apparently you have convicted me on my silence. How ironic ...


266 posted on 08/17/2014 11:30:35 AM PDT by TexasGator
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To: TexasGator

TexasGator, I told you what it looked like to me. You said that was not your opinion and I accepted it.

Did you want me to write a letter to the editor in your local home town paper? Did I hurt your feelings this much, because it looked like to me that you wanted silence prior to miranda to be used as a contributing to guilt?

You’ve set the record straight. I don’t object to you doing so. I didn’t mean to misconstrue your opinion, but it did look to me that you were in favor of it.

At this point it looks like a kid who just lost his last marble and is crying his eyes out. When the other kids give them all back, he’s still not happy.

Grow up.


267 posted on 08/17/2014 11:38:43 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: TexasGator

Awww, isn’t that cute.


268 posted on 08/17/2014 11:39:14 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: DoughtyOne

Why is everything so personal with you? Can’t you just discuss the issues without stooping to personal attacks?


269 posted on 08/17/2014 11:40:32 AM PDT by TexasGator
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To: DoughtyOne

“Awww, isn’t that cute.”

Thought you would like it...


270 posted on 08/17/2014 11:41:42 AM PDT by TexasGator
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To: TexasGator

Now you don’t like me telling you what you’re acting like from my perspective.

You know, you’re really not in the right place if you think you should be able to write both ends of the conversation.

I will give you props for trying to, but alas it wasn’t going to go unnoticed.


271 posted on 08/17/2014 11:44:02 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: DoughtyOne

“Now you don’t like me telling you what you’re acting like from my perspective.”

I don’t like you making things up. Thank you.


272 posted on 08/17/2014 11:46:48 AM PDT by TexasGator
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To: DoughtyOne

“Now you don’t like me telling you what you’re acting like from my perspective.”

This from the dude that ADMITTED he assumed my position because I made no statement on my position.


273 posted on 08/17/2014 11:48:34 AM PDT by TexasGator
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To: TexasGator

Well actually I do like it. You have expressed the perception that someone not talking at a crime scene, is the same as a person copying a thought and discussing it without objecting.


274 posted on 08/17/2014 11:51:33 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: P-Marlowe
The Fifth Amendment was designed solely to ensure that the European court system would not be used where the defendant is presumed guilty until proven innocent. In many parts of Europe the defendant was required to take the stand in his defense and prove his innocence. Failure to take the stand would be tantamount to pleading guilty.

The fifth amendment was never intended to be a protection against having your own out of court statements brought up in court. It was the Earl Warren Court that made it mandatory that before you confess you have to be advised of your right to keep your mouth shut. That was a really stupid decision and was way out of line with the intent of the founders.

What is the difference between the police being able to question you and use your answers (or non-answers) as evidence in trial and being required to testify directly at trial, if you do not have the right to not answer their questions?

If you can be compelled to provide out-of-court statements that are used as evidence, then you are being compelled to testify against yourself.

All that being said, I think this particular ruling will turn out to be problematic for the assumption of innocence soon.

275 posted on 08/17/2014 11:52:25 AM PDT by MortMan (All those in favor of gun control raise both hands!)
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To: TexasGator

Well then you have nothing not to like.

Thanks for playing.


276 posted on 08/17/2014 11:52:25 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: TexasGator

Yawn. Haven’t we been here before?

This tactic didn’t work last time, and yet here you are again.

Good luck with that.


277 posted on 08/17/2014 11:57:11 AM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: TexasGator
To: DoughtyOne

“What good is a Miranda protection if his silence prior to being advised of it can be used as evidence of guilt?”

Do you think that a person that is drunk and plows into a car at a high rate of speed should walk because the prosecution noted in his trial that he was silent prior to having his rights read?

62 posted on 08/15/2014 5:30:10 PM PDT by TexasGator


You've made quite a big deal out of my putting words into your mouth.  You tried to trash me for making stuff up.  Okay, lets look at why I came to the conclusion you didn't mind if "Silence" was used as evidence in the trial.

Look at what you took the time to copy and quote.  Did you respond on point?  Did you object to silence being used as a determing factor for guilt?  Did you bother to state your thought that it shouldn't be used?  No, you didn't.

Instead you decided to make a statement and ask a question.  I had not advocated for this person being released.  There evidently was a question in your mind, even though I hadn't advocated for that.  Hmmmm...  So it's okay for you to make assumptions is it?  You wouldn't have asked this question if you hadn't made an assumption.

I don't think most people will find it much of a streatch to extrapolate a point of view on your part, when a question this important is simply ignored to shift the issue to another fascet of the case.
I don't think it's much of a stretch to come to the conclusion the focus of my question didn't matter to you.  You seem to think that should be allowed to pass without carrying any weight.  I didn't.



278 posted on 08/17/2014 12:19:59 PM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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To: DoughtyOne

“You have expressed the perception that someone not talking at a crime scene, is the same as a person copying a thought and discussing it without objecting.”

Again, you did not post what I said and you have made a false representation of what I said.


279 posted on 08/17/2014 1:11:00 PM PDT by TexasGator
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To: TexasGator

When you have to tools to grasp what I’ve written, get back to me.

Thanks in advance.


280 posted on 08/17/2014 1:11:48 PM PDT by DoughtyOne (We'll know when he's really hit bottom. They'll start referring to him as White.)
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