Shouldn’t it be the default and not require the suspect/subject to actually ask for one? Has there ever been any attempt to make that the norm in any countries? I think the only question should be “do you have your own lawyer you like to use, or are you happy enough with the court-appointed one?”

I’m not even sure opting out should be allowed, but I’m open to hearing reasons why that would be a bad system, or indeed a worse system than the one most countries seem to have now. So many miscarriages of justice could have been easily avoided.

    • Catoblepas@lemmy.blahaj.zone
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      28 days ago

      The fact that in some instances the legal system does work according to the invocation of a magic phrase makes it so much harder to deal with the delusions of sovcits. The right to remain silent should be just that. You don’t have to say “I’m invoking my right to free speech” every time before opening your mouth for it to count.

      • ✺roguetrick✺@lemmy.world
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        28 days ago

        That’s the trick. An example is the am I being detained thing. A clock of reasonableness starts ticking as soon as you’re detained until the detention is considered a potentially unlawful arrest, but that detention doesn’t start until the officer tells you you can’t leave. Also a cop has to have a valid reason to detain you or anything you say will be inadmissible in court. Until you ask that magic phrase, though, you’re having a consensual encounter and everything you say(or not say) will always be admissible.

    • UnderpantsWeevil@lemmy.world
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      28 days ago

      The Erosion of Miranda

      In Vega v. Tekoh, the U.S. Supreme Court held, in part, that the jury could not be required to find Tekoh’s Fifth Amendment rights were violated because Miranda warnings are not rights but rather judicially crafted rules, which opens the door for overruling Miranda altogether.

      The Vega decision will have a stronger impact on young defendants, the intellectually disabled, racial minorities, immigrants, and anyone unfamiliar with the criminal justice system and more prone to coercion.

      And this was in 2014.

      Imagine being Mahmoud Khalil right now and talking about the Fifth Amendment. You’re lucky if you can invoke the Suspension Clause.