Posted on 03/02/2010 1:49:14 AM PST by paudio
Police told Van Chester Thompkins he had a right to remain silent, and so he did.
But his silence meant he never officially told officers he wasn't going to talk, and so they kept interrogating him. A couple of hours later, Thompkins implicated himself in a murder.
Several Supreme Court justices indicated Monday they were going to let that confession stand, saying suspects should tell police that they want to be silent to take advantage of that Miranda right.
(Excerpt) Read more at news.yahoo.com ...
LOL - “You have the right to know the judicial decisions about your right to remain silent. You have the right to know you have to give up your right to remain silent in order to request an attorney. Should you request an attorney, you will have given up your right to remain silent. Any questions?”
LOL - “You have the right to know the judicial decisions about your right to remain silent. You have the right to know you have to give up your right to remain silent in order to request an attorney. Should you request an attorney, you will have given up your right to remain silent. Any questions?”
It took the cops about three hours to get just my name once. Then they took me to an interview room and slid a paper across the table at me asking me to sign it so I could make a statement. One of the agents even pointed to what box he wanted me to check so I could waive my right to remain silent. At which time I spoke for only the second time, “Are you out of your ever loving mind? I ain’t signing a damned thing.”
That was it. They turned off the video camera and hauled my ass to county. I was arraigned the next day, posted bail and got released. My lawyer got me off completely and said it was due to having kept my mouth shut.
Supreme Court sets aside strict ruling on Miranda 'right to remain silent'
Cripes! Can you imagine trying to take notes in his class?
As for me, I plan to be nice to the cops, apologize, then explain why I intend to remain silent, and then do so. Thats it.
Exactly. I've only been in the situation once myself and had a similar experience. They were actually trying to tell me that Miranda, which they had done appropriately, was a 'formality' and once done did not preclude me from still being interviewed and offering answers to aid in my defense!! I just kept saying that I was going to exercise my right to remain silent. They were not happy but did back off. Like you, my lawyer attributed his ability to structure the defense successfully to nothing having been said at the arrest.
I agree with Scalia. Make it plain.
This statement, repeated far too often, doesn't make me happy. :(
Miranda Rights—forged in the Liberal/Progressive Earl Warren Court—have "Loosed the Hounds" of Murder and Mayhem all over this country.
(Then Canada and the UK follow suit!)
≡≡8-O
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