WTF? Must SAY "I choose to remain silent"???

[Farbin Kaiber]

OMG!!!!

Biggest sack of shit, and travesty of our legal system I think I've ever seen.

Hold on guys, it's gonna get worse....

http://online.wsj.com/article/SB10001424052748704875604575280392747737022.html?mod=WSJ_hpp_MIDDLENexttoWhatsNewsSecond

[LBJefferies]

This infuriates me. We have 3 branches of government which are designed to keep each other in check but they all seem to be working against us.

Between this and the recent campaign finance ruling, the Supreme Court can go fuck itself.

[z31maniac]

More concerned about the Dem Congressman that wants to force Journalists to become licensed reporters.

Having to pass moral background checks, writing samples, etc to the gov't to be able to be a "licensed reporter."

[87e30]

I don't really think this is that big of a deal. I wonder if they will inform you of this rule though when they inform you of miranda rights. But realistically neither has to be given very often, so this may make people talk more.

Either way I don't think it's that big of a deal, how are they going to use silence against you even if you mention the rule? You're silent, you haven't given them anything. Then in court I'm sure you could argue in your favor, at least for a while until this is common knowledge.

[mrsleeve]

Wait till the Miranda are suspend for those "SUSPECTED OF TERRORISM" or "FUNDING A TERRORIST ORGANIZATION" They want to be able to hold you indefinitely and with out due process of law with out Miranda. Yes all they have to do is say/suspect and thats it you are detained our rights will be gone. This is something the New SCOTUS nominee fully supports and Holder is pushing for as well. As well as many of the higher ups in the govt.

This has been done before Willson and FDR, Could sedition be considered terrorist activity, if so most of us that are dissatisfied with the performance of our elected leaders and speak out about it could be brought in under these terms and held like Wilson did to anyone that spoke out against the fed govt during his 2ed term.

[joshh]

Kind of of puts a stake in the heart of your right to fucking remain silent doesn't it.

[Farbin Kaiber]

"Hi, Mr. Officer, In regards to the crime you allege I've purported, I'd like to invoke my right to remain silent, also, could you contact my Lawyer?"

Just using your rights, now they have something to use against you, even if you remain silent. A prosecutor might use your usage of the term allege against you.

[87e30]

It's retarded that the guy was able to appeal on that though. How is that not a confession? If he wanted to remain silent he should have remained silent. It seems to me this is a free pass to accidentally fuck up during an interrogation.

[Atreus]

87e30 is right. this is fucking retarded, the new miranda rights should say:

You have a right to remain silent, but please notify us if you plan to do so, and anything you say can be, and will be misconstrued against you, in a court of law, potentially fucking up the rest of your living life. now let me put your new shiny bracelets on.

Fuckers.

[fiftytakedowns]

In b4 packing bags for canada?

Stupid law, energy, and laws should be wasted on other things

[naplesE30]

I dont have a problem with this. My sister is a detective and some of the technicality b.s. that guilty people go free on is rediculous. If your not guilty you should have nothing to worry about.

[mrsleeve]

I dont have a problem with this. My sister is a detective and some of the technicality b.s. that guilty people go free on is rediculous. If your not guilty you should have nothing to worry about.

Innocent until proven guilty, All those technicalities are part of the process. Its what keeps us free from govt. abuses of the legal system. Its part of our protections, that you have to proven guilty beyond a reasonable doubt and all evidence used against you has to be obtained in accordance with the LAW and Constitution. This is to protect all of our rights.

People like you are the problem, willing to give even more power to the govt. The more power the govt has the less freedom we the people have.

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Ben Franklin

Just a tip, any encounter with the police should always involve you SHUTTING THE FUCK UP. They will use any and all means necessary to close their case. They dont care if you are not the one who did it. They are not there to help you, they are there to build a case against you. Dont help them, shut the fuck up and I want to speak with my attorney should be the only thing outta your mouth, guilty or NOT.

[ForcedFirebird]

Sounds like a round-about entrapment to me.

[naplesE30]

Intresting that all the conservative judges were in favor of this..... it does not give power to the govt,, it takes power away from the defense attorneys who are able to have confessed criminals go free due to technacalities on miranda rights.

[Ral]

he was informed of his right to remain silent, and never ended the interrogation. Also, invoking the right to remain silent is not admissible in a court of law- there's really not much that changes. In fact, it would have worked out in the defendant's favor- he says he's invoking his miranda rights, the interview ends. Nothing for them to question him about.