We are 100% the Soviet Union at this point. Probably have been, since the 1990's.
Then the point of Miranda would be........? This is almost amusing, it flies not only in the face of Miranda, but also the 5th amendment.
'Silence is the ultimate indicator of guilt, and anyone who is silent, will be deemed guilty of the new crime, "Concealment of the Truth, Aggravated, in the First Degree." '
Fifth Amendment: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
I guess the next step is to determine that silence is an indication of guilt even if you aren't being considered suspect in any crime.
I am not surprised the SCOTUS will hear the case....the 5th U.S. Circuit Court of Appeals let this “silence as guilt” into evidence and hopefully the court will throw out this ruling...
It is the SCOTUS job to clean up lower courts screwed up rulings...
Let’s hope they don’t muddy the waters on the 5 th amendment
Prosecute POSOTUS (Benghazi, Fast & Furious, etc., etc.) and 535 in congress.
TREASON - in real-time, pre-meditated, in-your-face, unquestioned, abetted, unchecked, continuous, ongoing...
We are being triangulated by TOTALITARIANS. Check$ and Balance$.
Thanks for posting, Laz.
You only have the right to remain silent after the LEO reads you that right? Hahahahahah! This is rich. If I am going to be treated as guilty... gosh... maybe I ought to at least do something... I got it... lets get drunk and take a Rigid pipe citter and deadhead some parking meters.
It is common sense to not talk to police, except in consultation with your attorney, if there is any possibility that the police are looking at charging you with anything.
The 5th Amendment was always kind of silly anyway, right?
If you refuse to incriminate yourself, you are guilty, Guilty, GUILTY!!!!
Mark 15
....The chief priests accused him of many things. 4 So again Pilate asked him, “Aren’t you going to answer? See how many things they are accusing you of.”
5 But Jesus still made no reply, and Pilate was amazed.
cop: “strangely enough, no... he was not silent. he just kept repeating the Constitution and the bill of rights, which he seems to have memorized.”
which is the same as:
nazi/commie: “we couldn’t get anything out of him... he kept repeating his name, rank, and serial number.”
Now you can be convicted on the strength of what you DON’T say?????? I went to sleep last night in a declining America and woke up this morning in Wonderland!
You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
There is clearly a certain amount of commonsense in the British version. It you concoct an innocent account of what one its face appears to suspicious conduct or circumstances after the event, your failure to offer this explanation at the time "may harm your defence".
If there isn't a unanimous decision on this one, we should consider removal of some judges. How is that done at the Supreme Court level?
This is an issue even the low-information morons can figure out.
Leni
The Puritans, who were at the time fleeing to the New World, began a practice of refusing to cooperate with interrogations.
So, Democrats, by overthrowing the Fifth Amendment and the right of no self-incrimination, would essentially be condoning a return to torture and forced confessions -- the very thing they used to beat Bush over the head with for eight years.
Hypocrisy, thy name is "Democrat."