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Technically no, because there isn't actually a right to remain silent under the United States Constitution. Miranda readings, which most people conflate with t
by s_q_b 12y ago
Technically no, because there isn't actually a right to remain silent under the United States Constitution.
Miranda readings, which most people conflate with this "right to remain silent" are a bit of a bizarre invention of the Warren Court from other preexisting rights:
1. The against self-incrimination under the Fifth Amendment.
2. The right to have counsel present during interrogation, since interrogation is considered an inherently coercive environment under the Sixth Amendment.
If the goal is for the suspect to understand his or her legal rights during questioning, "You have the right to remain silent," is a very bad way to phrase Fifth and Sixth to an average Jane.
A more sane way might be an exclusionary rule that throws out all statements before the suspect has the chance to talk to an attorney.
To patch up the corner cases, you could probably import quite a few hearsay exceptions, like excited utterance.
Plus, I don't like this "know the magic words or else" type jurisprudence. "Am I free to leave?" "Am I being detained?" "Do you have a warrant?"
In everyday police interactions, a citizen should never have to assert Constitutional rights. The onus should be on the state's system to ensure they're granted.
- patrickmay 12y ago> In everyday police interactions, a citizen should never have to assert Constitutional rights. The onus should be on the state's system to ensure they're granted. Hear, hear!
- ithought 12y agoOf course, the Constitution doesn't grant rights. Do you have a natural right to be left alone if you so choose? Do you have a natural right to not be a witness against yourself? It seems a society based on popular sovereignty should define these rights as inherent and innate to being a person. And if you do assert your Constitutional rights, it's an easy way to escalate a situation where you soon learn the meaning to "you can beat the rap, but you can't beat the ride."
- anonbanker 12y agoAsserting your rights is a fantastic ride, if you know how to do it. Everyone should Google how Geithner beat both rap and ride from the NYPD in four hours.that guy's a pro. If you don't know how to properly assert your rights, then you have none; expect to have your window smashed in, and be pulled out of your car. Or have cops and social workers come to remove your kids from an "unsafe" house 30 minutes after the power company shuts off the power for some reason. But if you do it right, you're treated extremely politely by policemen and justice system participants.
- Zikes 12y agoThat sounds like a terrifyingly bleak way to live.
- anonbanker 12y agoIt's only bleak if you lose. :-)
- Zikes 12y agoYou only have to lose once.
- bagels 12y agoDo you have a link to a story? A cursory search reveals people complaining about being duped by a video that was posted two years after some event.
- anonbanker 12y agoForgive the lack of a link. This was discussed at a lunch with fellow bankers a few years back, and one of my acquaintances had a rather detailed run-down. I figure it was more publically-discussed. As I have no citation, take this with as large a grain of salt as you'd like. :-)
- mindslight 12y agoLacking actionable specifics that can survive independent testing, it seems like the straightforward explanation of "how" is simply being well-connected. This does not scale.
- ithought 12y agoOf course, the Constitution doesn't grant rights. Do you have a natural right to be left alone if you so choose? Do you have a natural right to not be a witness against yourself? It seems a society based on popular sovereignty should define these rights as inherent and innate to being a person.