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.
The US supreme Court has decided that remaining silent isn’t actually asserting your fifth amendment right to remain silent. You need to actually affirm it. Nobody’s even pretending there’s logic to this shit. https://en.m.wikipedia.org/wiki/Salinas_v._Texas
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.
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.
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.
TV shows and propaganda in the US have for decades shown you that " if you have nothing to hide then you don’t need a lawyer" and unfortunately that is demonstrably false. Police are expert interrogators and you alone have a very low chance of getting anything across clearly and without incriminating yourself further. Just shut the fuck up and ask for a lawyer.
And now with for profit prisons it makes sense to get you in jail rather than help you know your rights and protect you.
Cops can never be wrong and even when they are they’re not and they’re not going to face any consequences by doing shit to you. ACAB til the end of the world.
Because the purpose of law enforcement is oppression.
That’s actually a delusion but ok lol. I guess the solution to being robbed/murdered/kidnapped/raped is not to call any sort of LEO and just to "‘talk it out’ I’m talking about mainly if LEO is heavily reformed in the US. You cannot deny that there always will be those with the most disgusting desires, and unless they are stopped, we are no better as enablers. I always have and always will agree with the basic fact that there must be rules, and that all should be held to account under them. I can’t fathom the people who think society can function with no rules. It just doesn’t work. If you want to try this, feel free to. Visit your local under-policed type area where the law is more of a suggestion. I used to live there. It’s pretty much always hell come to earth.
It’s multifaceted, police do sometimes serve as a deterrent to or to protect people, but it’s important to also recognize the position they hold isn’t to help your average people as much as it is to maintain order for the benefit of the state. They are the internally focused gun that will just as soon shoot a killer as a black child walking down the street with a nerf gun. Either one serves the same purpose, stay in line or else, do what we say or else, they sow fear in the population while making the privileged feel some illusion of safety. They’ll help you get your stolen car back, while also arresting a mother for stealing food from Walmart, or a homeless person for sleeping in their car. If you are any sort of minority, a police officer is a much greater threat than a help, and we’ve seen that in a history of high and low profile cases where police murder black people with absolutely no consequences, or in their use to suppress even the most by-the-book protests. Instead of solving the core problems that cause the majority of crimes, like poverty.
In the US it’s because our cops are incompetent and having a lawyer in the room makes it “too hard” to do an investigation.
In the US, the only answer you should ever give a cop without a lawyer present is “I don’t answer questions without a lawyer present.”
And when they lie to you and try to tell you that you have to answer… don’t believe them. They’re legally allowed to lie to you.
they will try all sorts “interrogation tactics” to get you to confess without a lawyer. some are bordering or even enhanced “interrogation tactics”
Because conviction rates would drop by like 40% overnight thats why.
The slavery business can’t afford that slowdown right now.
We live in hell. This is hell. The bad place. Hades. Tartarus. The Underworld. Etc.
