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To: DannyTN

A plea is not entered under oath. One may be convicted of the crime, but that does not increase the penalty because of perjury.

She swore in, declared herself innocent (under oath), then invoked the 5th.

She testified, then declared she will not testify (even though she was already under oath).

Once a perp is arrested, they are advised of their Miranda rights, and anything they say thereafter is eligible for use. They do not have to specifically state that they waive their rights - they can do so by evidence of their actions.

I vehemently disagree with you, but I am more than willing to do so in a FRiendly manner!


148 posted on 05/22/2013 1:14:09 PM PDT by MortMan (Disarming the sheep only emboldens the wolves.)
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To: MortMan

“Once a perp is arrested, they are advised of their Miranda rights, and anything they say thereafter is eligible for use. They do not have to specifically state that they waive their rights - they can do so by evidence of their actions.”

Not true any more. A SCOTUS case turned Miranda upside down.(that doesn’t mean - as one poster here claimed - that you don’t have to give Miranda rights anymore)


161 posted on 05/22/2013 1:19:50 PM PDT by RummyChick
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To: MortMan
"Once a perp is arrested, they are advised of their Miranda rights, and anything they say thereafter is eligible for use. They do not have to specifically state that they waive their rights - they can do so by evidence of their actions."

After they are arrested, perps don't waive their fifth amendment rights by speaking except to the extent they speak. Answering one question does not cause a perp to waive their right to refuse subsequent questions.

Waiving miranda rights

287 posted on 05/22/2013 2:23:41 PM PDT by DannyTN
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