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To: Defiant
The right to remain silent derives from the 5th amendment privilege against self incrimination.

What does giving your name have to do with self-incrimination ???

417 posted on 03/24/2004 8:30:35 AM PST by BSunday
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To: BSunday
What does giving your name have to do with self-incrimination ???

According the the Hiibel brief, it may mean that if they can identify you as a repeat offender then you may get a longer sentence therefore it is up to the prosecuter to identify the person.

420 posted on 03/24/2004 8:38:09 AM PST by cinFLA
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To: BSunday
What does giving your name have to do with self-incrimination ???

It's like when my kids come in in the middle of a show, and then want me to tell them what they missed. A guy says that that the 5th amendment is not where the right to remain silent comes from, which is dead wrong, and I corrected him so that people didn't repeat something and look foolish. That's all. As far as whether the 5th amendment allows police to force you to identify yourself, I don't think it does, and I think people ought to be able to tell the police to shove it if they are asked any question. "Arrest me or don't. But I'm not talking to you", ought to be a proper response, IMO. As a citizen, I would generally cooperate with the cops who are just trying to do their job. But not in all circumstances, and I'd like to decide when I want to cooperate.

487 posted on 03/24/2004 11:54:33 AM PST by Defiant (The sane in Spain are mainly on the wane.)
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