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Maybe it should. We could have a few other suggestions: Waive your fourth amendment rights. If a policeman wants to search you or your home, you can either let
by wisty 14y ago
Maybe it should. We could have a few other suggestions:
Waive your fourth amendment rights. If a policeman wants to search you or your home, you can either let him, or force him to come back with a warrant. But if they need to get a warrant, and discover you had done something wrong, you're in for a heavier penalty.
Waive your fifth amendment rights. You have the right to remain silent. But not answering questions will get you a heavier penalty if you are found guilty.
Waive your sixth amendment rights. We already waive the right to a fair trial. Why not waive the right to counsel? If you lawyer up, you're obviously trying to obstruct justice. If you're found guilty, that's a heavier penalty.
Of course, most of those are horrible ideas. They may make it easier to lock people up, but it also makes it easier for the police and prosecution to do a shoddy job and still get convictions.
- brudgers 14y agoIf asserting one's rights is punishable, then they are not rights.
- betterunix 14y agoWelcome to the reality of an expansive legal system. Sure, you cannot be punished for exercising your rights, but what that really means is that the police will try hard to find something to charge you with when you dare to stand up for yourself. It's not like you are being punished for exercising your rights, you were just punished for breaking the law.
- wisty 14y agoThat's often the view of the Supreme Court. But for some reason, they don't apply that logic to plea bargaining.
- pc86 14y agoI completely agree that if you're the target of an investigation and force the police to get a warrant and then assert the 5A right, you're in for a world of hurt if things go south. I do not, however, think retaining counsel will engender the ire of the police or the prosecution. If it would have any effect, I think it would be in the fact that one the whole 99.9%+ of non-lawyers would make terrible defense counsel and the prosecution would get away with things a barred attorney would be objecting to (within reason from the judge, of course).