We've come to the conclusion of this thread and the final comment I can make is simply, "I don't know."
I don't know what will be the result of this Supreme Court decision. I forsee that the job of prosecutors will be made easier. I also forsee that people will inadvertently give away many of the freedoms they enjoy by "just talking" to the police or arresting agency or, worse yet, not talking before the person is arrested and Mirandized. These statements, or lack of statements, can now be used against the person in prosecution and trial.
I don't like to be a downer or a pessimist, but as a criminal defense attorney and certainly as a person who takes civil rights seriously, this will lead to problems. I can only advise now that people, when they are detained, invoke specifically their 5th Amendment rights against self-incrimination and then see a lawyer ASAP. However, how many of us know exactly what "magic verbage" to use upon detention to make certain that the 5th Amendment rights are invoked?
Not many.
I will be keeping an eye on this as it develops. So, of course, will a lot of other criminal defense attorneys, not to mention prosecutors.
I don't know what will be the result of this Supreme Court decision. I forsee that the job of prosecutors will be made easier. I also forsee that people will inadvertently give away many of the freedoms they enjoy by "just talking" to the police or arresting agency or, worse yet, not talking before the person is arrested and Mirandized. These statements, or lack of statements, can now be used against the person in prosecution and trial.
I don't like to be a downer or a pessimist, but as a criminal defense attorney and certainly as a person who takes civil rights seriously, this will lead to problems. I can only advise now that people, when they are detained, invoke specifically their 5th Amendment rights against self-incrimination and then see a lawyer ASAP. However, how many of us know exactly what "magic verbage" to use upon detention to make certain that the 5th Amendment rights are invoked?
Not many.
I will be keeping an eye on this as it develops. So, of course, will a lot of other criminal defense attorneys, not to mention prosecutors.
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.
----------à>>>>>>>>>>>>>>>gene
tausk
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