Comment on He took it literally

joyjoy@lemmy.zip ⁨2⁩ ⁨days⁩ ago

• gustofwind@lemmy.world ⁨2⁩ ⁨days⁩ ago

  It actually legally can be used against you if you go silent before being told you have the right to stay silent

  The logic being…why would someone go silent before they’ve even been officially warned about it

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  • DeathByBigSad@sh.itjust.works ⁨2⁩ ⁨days⁩ ago

    I think the problem is more like:

    They trick you into talking about the weather, then suddenly be like: “Yea, such a great weather, it’s such a shame that the victim couldn’t enjoy seeing this because you murdered the victim”

    Then you remain silent without verbally invoking the right to remain silent

    So the prosecutors are gonna be like: “SEE, HE IS GUILTY SINCE HE SUDDENTLY BECAME QUIET!”

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    • gustofwind@lemmy.world ⁨2⁩ ⁨days⁩ ago

      Indeed, it’s very important to know your rights

      Although legally if a cop asks you any question related to the investigation they must give you the Miranda warning that tells you the right to remain silent

      In your example if the cop never gave a Miranda warning then it would probably be an inadmissible statement in court

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      • DeathByBigSad@sh.itjust.works ⁨2⁩ ⁨days⁩ ago

        They don’t need to give a warning unless you are in custodial interrogation

        They could just put you in a room and not ask questions, have a cop sit there, bait you into wanting to have a conversation since you’re bored (its human psychology to want to talk when you’re bored).

        And they could also ask questions before an arrest, those are admissible as long as you weren’t under arrest at the time.

        There’s a lot of sheanigans they could try.

        They never gave me a miranda warning when I got arrested. I didn’t say anything but I bet the other kids who are less smart would be yapping during the ride to the police station. Those statements would probably¹ be admissible because its not a custodial interrogation (since the cops didn’t technically initiate questioning, the suspect just started talking).

        ¹I am not a lawyer

        Literally wtf, those other kids all just admitted to their crimes and I overheard all of them talking (we got held in the same tiny-ass room). Some of them stole stuff, carjacking, all that stuff. Meanwhile all I did was self-defence. I never admitted to any guilt, but I did say to the cellmates that I “fought back after the other person instigated it” which probably wasn’t worded the most innocent way possible, but that does not really admit guilt.

        (btw we were all minors)

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      • ricecake@sh.itjust.works ⁨1⁩ ⁨day⁩ ago

        Fun fact: if you haven’t been mirandized your silence is admissable, but not your answer. en.wikipedia.org/wiki/Salinas_v._Texas

        The correct answer is to plead the fifth if a cop says hello.
        It would be great if our system was set up such that there were people responsible for public safety the way firefighters are and, also like firefighters, don’t have the looming threat of crushing you with the weight of the law, but unlike firefighters don’t need to be ready next to a lot of bulky specialized equipment to be effective.
        But it’s not, so…

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    • Korhaka@sopuli.xyz ⁨2⁩ ⁨days⁩ ago

      The low standards of US law enforcement never cease to amaze me…

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• mindbleach@sh.itjust.works ⁨2⁩ ⁨days⁩ ago

  The nature of bad faith is that there is no right asnwer.

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