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Thread: Do you wish to remain silent----speak up

  1. #1
    Join Date
    Oct 2006
    somewhere east of Queen Creek, AZ - South East of Phoenix

    Talking Do you wish to remain silent----speak up

    WASHINGTON — Criminal suspects seeking to protect their right to remain silent must speak up to invoke it, the Supreme Court ruled on Monday, refining the court’s landmark 1966 ruling in Miranda v. Arizona.”

    The latest case concerned Van Chester Thompkins Jr., a Michigan man accused of shooting another man to death in 2000 outside a mall. Arrested a year later, Mr. Thompkins was read his Miranda rights but refused to sign a form acknowledging that he understood them.
    Mr. Thompkins then remained almost entirely silent in the face of three hours of interrogation, though he did say that his chair was hard and that he did not want a peppermint.
    After two hours and 45 minutes of questioning, Mr. Thompkins said yes in response to each of three questions: “Do you he believe in God?” “Do you pray to God?” And, crucially, “do you pray to God to forgive you for shooting that boy down?”
    His affirmative response to the last question was used against him at trial, and he was convicted of first-degree murder.

    "There’s a lot of work being done today that doesn’t have any soul in it. The technique may be the utmost perfection, yet it is lifeless. It doesn’t have a soul. I hope my furniture has a soul to it." - Sam Maloof
    The Pessimist complains about the wind; The Optimist expects it to change;The Realist adjusts the sails.~ William Arthur Ward

  2. #2
    Join Date
    Dec 2008
    Santa Claus, In
    I saw that today. How do you remain silent, but speak? Not for me to decide, I guess.

  3. #3
    Join Date
    Nov 2006
    Villa Park, CA
    I don't see anything wrong with requiring someone to specifically state that they want to exercise their right to remain silent. Otherwise, when do the police decide the person wishes to remain silent (how long must they remain silent before the police decide the person wants to exercise their right to remain silent)?

    The opposite is to require them to affirmatively state that they waive the right to remain silent. My opinion is that such a requirement would lean too far towards the rights of the suspect, and not give the police enough leeway to solve crimes.

    The old time criminals all knew the drill - "I ain't saying nothing without my mouthpiece (lawyer)."

    Ancora imparo
    Go into the world and do well. But more importantly, go into the world and do good.

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