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Hmm, you might be right. I still think the US system tends to be very heavily driven by the opposing forces of the constitution and the government though, and h
by wisty 5y ago
Hmm, you might be right. I still think the US system tends to be very heavily driven by the opposing forces of the constitution and the government though, and has a lot of hard rules that don't seem particularly realistic (if a defendant says some magic phrase they fall under the constitution's protection, otherwise they're in trouble - it's a little like something sovereign citizens might dream up). While most countries let governments or the courts strike what they consider to be a balance.
- ineptech 5y ago> if a defendant says some magic phrase they fall under the constitution's protection, otherwise they're in trouble This is not true. Every US citizen is protected by the constitution, all the time, and has the right to a lawyer, no matter what. The "magic" in that phrase is that if you try to exercise your right to a lawyer, and the cops refuse, and in so doing break the law and defy the constitution, saying the magic phrase means that they are more likely to get in trouble for doing so.