4 ms·
The speaker in that video wrote a book("You have the right to remain innocent") where he argues that the "right to remain silent" (5th amendment) has been erode
by throwaway858 5y ago
The speaker in that video wrote a book("You have the right to remain innocent") where he argues that the "right to remain silent" (5th amendment) has been eroded in the USA and gives examples of court cases where the fact that a suspect asserted his right to remain silent was taken as an admission of guilt (and was allowed to be argued as such in court).
Therefore he recommends AGAINST saying anything regarding your right to remain silent, and even recommends against remaining completely mute (as this can also be used against you -- again, in contradiction with the constitution, but apparently the courts don't care).
The author therefore recommends that the proper way to invoke your 5th amendment right is to actually invoke your right to council. If you are questioned by authorities and wish to remain silent, then the correct response is the exact phrase: "I want a lawyer".
This effectively prevents then from further questioning you, ensuring your 5th amendment right, while also preventing them from testifying in court along the lines of "the suspect refused to answer questions and we found that to be suspicious"
- syshum 5y ago>>but apparently the courts don't care The US Supreme court has a long history of disregarding the constitution in favor of legislative deference or perceived public will The 5th is just the latest in a long line of rulings that make the bill of rights looks like swiss cheese with all manner of exception, backdoors, and work arounds to ensure that government agents do not actually have to respect anyone's rights, and even if they blatantly violate them they get "qualified immunity" (a standard invented wholly by the US Supreme court) from any and all punishment for said violation