Comment on He took it literally
setsneedtofeed@lemmy.world 3 weeks agoYou can simply remain silent. Asserting your right to silence is what stops the questioning. You can just sit there and not answer the questions.
It’s actually different. Remaining silent doesn’t invoke the right to not incriminate yourself. Simply remaining silent means they can use your silence to incriminate you.
In the court case where they decided that a man didn’t answer a question about a murder weapon. They used his silence and looking nervous as evidence for his guilt because he didn’t say he intended to remain silent, and he remained silent before he was informed he had a right to do so.
but isn’t considered asserting the right.
I put it right there. It is obviously ideal to affirmatively invoke your right to silence.
I emphasized clearly demanding a lawyer as that is what, legally, makes the questions stop.
And what I was saying was adding to that, and including that without invoking the right to silence simply remaining silent can be used for self incrimination.
If you are not under arrest and not in custody, not answering questions by remaining silent can be used against you.
sugar_in_your_tea@sh.itjust.works 3 weeks ago
Yes, remaining silent works, but explicitly invoking your rights is better. At any rate, don’t tell the cops anything unless your lawyer tells you to.