Comment on He took it literally
dnick@sh.itjust.works 3 days agoI think the question he has is why would you have to ‘invoke’ a right they literally spelled out to you just seconds before?
If the cop pointed to a glass of water on the table and said ‘you have the right to drink this water’ and you drink the water, and later you’re prosecuted for stealing water, or your blatant disregard for property was used against you in court, because you didn’t explicitly state ‘ok, i am invoking my right to drink this water’…
Aside from emotionally abusive relationships, what other party of life are you explicitly told you have the right to do something and then abused for doing it? It’s basically manipulation disguised as helpful information.
ricecake@sh.itjust.works 3 days ago
And that’s exactly what I explained. There isn’t an answer that doesn’t involve the constitution and what judges had to say about things.
considering the police are legally allowed to lie to you, the Miranda warning using the name for a legal concept instead of a more accurate description of the right is about the least abusive thing they can do.
It’s not particularly weird for rights to need to be explicitly actioned in general, as an aside. You have to actively get the arms to bare them, write a letter to petition the government, ask for a lawyer and ask them to stop interrogation. Invoking a right isn’t weird, but in this case the actual right is freedom from being coerced into self incrimination. They shouldn’t be able to start interrogation until you unambiguously waive your rights.