4 ms·
> Because you didn't tell the police that you were using your Fifth Amendment privilege, your exercise of the privilege, That ruling needs challenging. It runs
by nextweek2 10y ago
> Because you didn't tell the police that you were using your Fifth Amendment privilege, your exercise of the privilege,
That ruling needs challenging. It runs contrary to the Miranda rights. The police explicitly state that you have the right to remain silent. They don't say that you need to invoke the right.
- whack 10y agoThat ruling came from the supreme Court, the highest court in the land. I don't think there's any way to challenge it, short of waiting a really long time.
- rayiner 10y agoMiranda is only implicated when you're taken into custody, which didn't happen here. It doesn't protect you from incriminating yourself in a voluntary conversation with the police, which is what happened here. The purpose of Miranda, and the Fifth Amendment generally, is not to keep guilty defendants from incriminating themselves. It is to keep the State from using its coercive power to extract unreliable confessions from the accused. When an accused incriminates himself without the coercive power of the state being invoked, excluding the evidence does not serve the purpose of the Fifth Amendment. The Supreme Court has given a pretty broad reading to when the coercive power of the state is invoked, but has drawn the line just short of "any interaction with the police."
- deleted 10y ago[deleted]