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funnily enough, the USA has much less protective laws against self incrimination than e.g. Denmark. In Denmark, you, as charged, may lie on the stand however mu
by heywhatupboys 3y ago
funnily enough, the USA has much less protective laws against self incrimination than e.g. Denmark. In Denmark, you, as charged, may lie on the stand however much you please.
- brewdad 3y agoIn the US you just have to shut up. It also saves you from getting caught in a lie.
- goodpoint 3y agoThe astonishing amount of people incarcerated without a process tells a different story.
- robertlagrant 3y agoHow many are incarcerated without a process?
- wolverine876 3y agoI'm not the GP, but here are some ways: Something like 95% of criminal cases are resolved with plea deals and not trials, and legal representation from public defenders has very limited resources. Cash bail results in many people imprisoned without trial: After arrest, the court requires bail. Poor people can't afford it, so they are jailed until trial, which can be over a year. The impacts go beyond the (very serious) loss of freedom: They lose jobs, their family loses income, dependents (children, elderly) lose caregivers.
- Meph504 3y agoFirstly, though I see the concept behind cash bail I don't agree with it. But people has a misconception of the likely result of removing it. Judges now, don't need or required to use cash bails, they choose to, they can release people without cash bail now. either into the person's own recognizance, or even into the care of others. If a judge doesn't feel the person is likely to return to their following court date, and they can't leverage financial burden as a means to insure it, they are likely just to forego the process and hold them.
- yupyup54133 3y agoIn California "at least 1,317 people have been waiting in county jails for more than 3 years. For 332 of them, it’s been longer than 5 years." Source: https://calmatters.org/justice/2021/03/waiting-for-justice/ https://calmatters.org/justice/2021/03/waiting-for-justice/
- prottog 3y agoBoth the California and US constitutions guarantee a right to a speedy trial, and California criminal code has specific provisions on how quickly trials must begin. Who is holding the California government responsible for this? What an outrage.
- robertlagrant 3y agoWowzer, right. That is...pretty compelling. And incredibly illegal. Does California not know it doesn't have a right to just incarcerate people for no official reason?
- paledot 3y agoOr say "I don't recall". That's a popular one with politicians.
- KSteffensen 3y agoShutting up and refusing to answer a question makes it very clear that you have something to hide, much more than a lie. I'm not sure whether that's good or bad. I guess it depends on what you are accused of.
- folmar 3y agoIs it actually? I've often heard the advice from the US lawyers to answer no questions.
- catiopatio 3y agoThat’s not the case. If you choose to plead the fifth, the prosecution is absolutely forbidden from bringing that up the courtroom, much less using it to insinuate your guilt. Any lawyer in the US will tell you not to speak to the police or prosecutor. At all.
- heywhatupboys 3y agoNot true. In the Kyle Rittenhouse case, despite being nationally televised to millions, the prosecutor questioned why he didn't answer questions post arrest
- catiopatio 3y agoAnd the judge immediately halted the trial, reamed out the lawyer as being unimaginably unprofessional, and threatened that he might toss the whole case if the prosecutor ever insinuated something like that again.
- heywhatupboys 3y agoyes, and there is a high chance that with either a less vigilant judge, or a less caring defence (see: public defender), it would not have been stopped. The point is: this case was televised to millions and he STILL questioned it.
- vintermann 3y agoOnly in your own defense or in defense of your closest loved ones, I believe. If it's like in Norway.
- heywhatupboys 3y agoyea, against self incrimination, as mentioned