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pecuniumYesterday I was happy to announce China adopted an exclusionary rule and (in theory) banned torture by removing the incentive.
The US, so I find out today, just, effectively, did away with Miranda.
The case came from Southfield, Mich., where a shooting suspect refused to sign a statement acknowledging that he had been given the Miranda warning but didn't expressly state he was invoking his right to remain silent.
Kennedy said, writing for the majority (guess who they were), "If Thompkins wanted to remain silent, he could have said nothing in response to [the detective's] questions, or he could have unambiguously invoked his Miranda rights and ended the interrogation." He also said, ""the interrogation was conducted in a standard-size room in the middle of the afternoon," conditions that weren't inherently coercive."
Right. A standard room, three cops, three hours. Not allowed to leave and told anything he says will be used against him. He stands mute, for three hours, and responds to a "gotcha" question.
I've always said the thing to tell a cop, when he wants to talk to you about anything more than what you saw, when he arrives to the scene of an event you witnessed is, "I'll be glad to talk to you when my lawyer gets here."
All the more so now.
The US, so I find out today, just, effectively, did away with Miranda.
The case came from Southfield, Mich., where a shooting suspect refused to sign a statement acknowledging that he had been given the Miranda warning but didn't expressly state he was invoking his right to remain silent.
Kennedy said, writing for the majority (guess who they were), "If Thompkins wanted to remain silent, he could have said nothing in response to [the detective's] questions, or he could have unambiguously invoked his Miranda rights and ended the interrogation." He also said, ""the interrogation was conducted in a standard-size room in the middle of the afternoon," conditions that weren't inherently coercive."
Right. A standard room, three cops, three hours. Not allowed to leave and told anything he says will be used against him. He stands mute, for three hours, and responds to a "gotcha" question.
I've always said the thing to tell a cop, when he wants to talk to you about anything more than what you saw, when he arrives to the scene of an event you witnessed is, "I'll be glad to talk to you when my lawyer gets here."
All the more so now.
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no subject
Date: 2010-06-10 07:30 am (UTC)Which is one of the many, many reasons I no longer practice law.