OK - getting back to the issues with the Supreme Court decision.
The second issue that stands out is how can the average person possibly know that they need to invoke their 5th Amendment rights specifically before they can be protected by the right to remain silent? Most people do not keep a copy of the Constitution on their person and it is unreasonable to assume that the average person will know exactly what verbage to state to invoke 5th Amendment protections.
As stated earlier in this thread, it is too early to state just what will be the effect of this new decision. I can state without irony that the decision has thrown criminal-defense attorneys for a loop and we are still attempting to understand just where this will lead.
It is certain, however, that the legal landscape regarding the rights of the accused and the protections under the law have changed.
The second issue that stands out is how can the average person possibly know that they need to invoke their 5th Amendment rights specifically before they can be protected by the right to remain silent? Most people do not keep a copy of the Constitution on their person and it is unreasonable to assume that the average person will know exactly what verbage to state to invoke 5th Amendment protections.
As stated earlier in this thread, it is too early to state just what will be the effect of this new decision. I can state without irony that the decision has thrown criminal-defense attorneys for a loop and we are still attempting to understand just where this will lead.
It is certain, however, that the legal landscape regarding the rights of the accused and the protections under the law have changed.
NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR
IS IT INTENDED TO BE LEGAL ADVICE. IF
THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.
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tausk
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