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silence will be held against you?
then just babble about the weather or whatever comes to mind that has no bearing on the case
I may not like the guy, but the court seems to have lost it’s collective mind on this one.
“You have the right to remain silent!”
Didn’t these fools ever watch Dragnet?
meanwhile, as any attorney would tell you... never speak to the cops without an attorney present
which, of course, they would say implies guilt and not prudent judgement
guess they don’t need evidence to prove your guilt... just a feeling that you’re probably guilty
From the Excerpt: “Prosecutors repeatedly told jurors during the trial that Tom’s failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.”
WOW! I’ve been told since I could drive....well even before I could drive I’d heard if involved in an accident one should always keep one’s mouth shut, present the driver’s license upon request, and only answer the questions asked of oneself, immediately notify the insurance company. THAT is all.
So the silence one is supposed to maintain to keep from admitting guilt is now guilt!?
This WILL be overturned.
The fifth amendment was designed to prevent the government from forcing you to testify in a trial in which you are the accused. I think is is perfectly legitimate for the government to use evidence of your demeanor following a crime including your failure to ask about the condition of a child that was critically injured in a crash in which you were involved.
Are we supposed to ignore such relevant evidence just because it might incriminate him? No, in this case his silence was as good as a confession. Sometimes that’s just how it turns out.
I have been thrown off juries because they asked if I could ignore the fact that a defendant didn’t take the stand. I replied that it is something I would have to take into account.
“Thank you Mr. Marlowe. You are excused.”
The magic moment of miranda? Your rights don’t count until we tell you about them?
So basically in CA...
You have the right to remain silent and have it used against you. Anything you say or don’t say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning, which will be sued against you because only a guilty person needs a attorney. If you cannot afford a lawyer, one will be provided for you at government expense.
So the Government controls what Criminal Charges are to be brought against the Citizen.
The Government then controls what Evidence May be introduced in said Trial.
The Government controls and decides WHO can be a witness and what they can say, and who may Represent the defendant and their speech also.
The government then tells the JURY What their law means and that they cannot deviate regardless of the circumstance, Which is an Out and Out LIE, Jury Nullification has ALWAYS been the Safeguard the people had against Tyranny and has been used to nullify bad law throughout history
Why do we have trials anyway??
California has gone full-on Communist.
Saw California's conversion to a Stalinist State coming for two decades.
The US Supreme Court already ruled on this and said we no longer enjoy the 5th Amendment, that silence can be used against you.
We have lost just about every right we supposedly held.
The 80-year-old Corey was accused of witchcraft during the 1692 Salem trials, but he refused to enter a plea to the court. As punishment, he was laid naked in a pit in a field, and slowly pressed to death over two days. Heavy rocks were gradually placed upon his chest–but he refused to cry out in pain, or enter a plea, and each time he was asked to do so, he simply replied: “More weight.”
— tvtropes explains why this was both necessary, and a Crowning Moment of Awesome —
IOW, it averted the Catch-22 that the legal-system had going; this time I do not think that the judiciary would honor the rules, the law, Justice or the people.More weight.— Giles Corey, being tried-by-crushing-ordeal for witchcraft in Salem, asked if he would confess to his "crime." He was a Real Life Rules Lawyer, and knew that if he died under interrogation, he was still legally a Christian and his sons could inherit his property. Confessing would spare his life, but he would no longer be considered a Christian and his property would be forfeit. Denying the charges would result in his conviction and execution, as the trials were flagrantly rigged, and again his property would be forfeit. So, by refusing to enter any plea at all, he saved his family from poverty and earned a Dying Moment of Awesome.
Well, he should be in prison. Jerk.
Weird...does the mean, you have NO rights until they say, ok..."now you have rights"...
Well...isn't that sweet of them....
He should of requested to be read his Miranda rights.
[eyeroll]
Apparently a person needs to specifically invoke their right to be silent before being Mirandized.
No. As much as I like to see killers receive justice, silence cannot constitutionally be used against the accused. I miss the rule of law.