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#277 Mar 04 2014 at 8:55 PM Rating: Default
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Samira wrote:
The Miranda warning is just an explanation of the Fifth Amendment to a suspect under questioning. It's the same thing: refusing to answer questions to avoid self-incrimination, whether for the crime under consideration now, or something completely unrelated.

Well, no, that's not accurate. You can't plead the 5th in court to avoid answering ANY questions, as you can in a police station. Was that your point? I have to ask because your points are often somewhat obscure.


Edited, Mar 4th 2014 6:17pm by Samira


I acknowledged the connection of the two. Let me try again.

If you're being questioned by a police officer, you probably don't have a lawyer near by to advise you. You maybe emotional, confused, etc. Saying or doing anything could make the situation worse. It's probably better just to comply. That's a completely different scenario AFTER the arrest/detention when you're in court days/weeks later after being advised by a lawyer. If you are continually denying any progress, then you're obviously hiding something. There is no reason in the latter scenario to plead the 5th unless you're hiding something. At that time, you're not talking to the police and if you are, it's in a court room.
#278 Mar 04 2014 at 9:06 PM Rating: Excellent
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Well, that's the way a jury would see it, but it isn't the way the law reads. It isn't the original intent of the amendment. You are specifically instructed NOT to infer guilt from silence.
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#279 Mar 04 2014 at 9:11 PM Rating: Default
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Samira wrote:
Well, that's the way a jury would see it, but it isn't the way the law reads. It isn't the original intent of the amendment. You are specifically instructed NOT to infer guilt from silence.

Given the fact that we are humans, that doesn't actually happen. Even though you are "innocent till proven guilty", you are still seen as having potential guilt, or you wouldn't be there in the first place. Else, we would randomly take people to court.
#280 Mar 04 2014 at 9:13 PM Rating: Good
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#281 Mar 04 2014 at 9:28 PM Rating: Good
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Almalieque wrote:
Samira wrote:
The Miranda warning is just an explanation of the Fifth Amendment to a suspect under questioning. It's the same thing: refusing to answer questions to avoid self-incrimination, whether for the crime under consideration now, or something completely unrelated.

Well, no, that's not accurate. You can't plead the 5th in court to avoid answering ANY questions, as you can in a police station. Was that your point? I have to ask because your points are often somewhat obscure.


Edited, Mar 4th 2014 6:17pm by Samira


I acknowledged the connection of the two. Let me try again.

If you're being questioned by a police officer, you probably don't have a lawyer near by to advise you. You maybe emotional, confused, etc. Saying or doing anything could make the situation worse. It's probably better just to comply. That's a completely different scenario AFTER the arrest/detention when you're in court days/weeks later after being advised by a lawyer. If you are continually denying any progress, then you're obviously hiding something. There is no reason in the latter scenario to plead the 5th unless you're hiding something. At that time, you're not talking to the police and if you are, it's in a court room.


No. that's not what it's saying. You should NEVER talk to police, regardless of whether they are asking you at a crime scene, during an interrogation or at any other point in the process. That's what you're lawyer is for, should you require one. I mean, you can talk about the sports and the weather at a police benefit barbeque or something, I guess.
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#282 Mar 04 2014 at 9:30 PM Rating: Good
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No. that's not what it's saying. You should NEVER talk to police, regardless of whether they are asking you at a crime scene, during an interrogation or at any other point in the process. That's what you're lawyer is for, should you require one. I mean, you can talk about the sports and the weather at a police benefit barbeque or something, I guess.


Can I talk to them if I'm reporting a crime...? Smiley: um
#283 Mar 04 2014 at 9:31 PM Rating: Excellent
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Almalieque wrote:
Samira wrote:
Well, that's the way a jury would see it, but it isn't the way the law reads. It isn't the original intent of the amendment. You are specifically instructed NOT to infer guilt from silence.

Given the fact that we are humans, that doesn't actually happen. Even though you are "innocent till proven guilty", you are still seen as having potential guilt, or you wouldn't be there in the first place. Else, we would randomly take people to court.


Given two equally guilty or innocent people, those who try to "help" their case via talking to the police go to jail, receive fines, etc. at a significantly higher rate.
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#284 Mar 04 2014 at 9:32 PM Rating: Good
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Belkira the Tulip wrote:
Timelordwho wrote:
No. that's not what it's saying. You should NEVER talk to police, regardless of whether they are asking you at a crime scene, during an interrogation or at any other point in the process. That's what you're lawyer is for, should you require one. I mean, you can talk about the sports and the weather at a police benefit barbeque or something, I guess.


Can I talk to them if I'm reporting a crime...? Smiley: um


Did you do the crime?
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#285 Mar 04 2014 at 10:15 PM Rating: Excellent
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Almalieque wrote:
Samira wrote:
Well, that's the way a jury would see it, but it isn't the way the law reads. It isn't the original intent of the amendment. You are specifically instructed NOT to infer guilt from silence.

Given the fact that we are humans, that doesn't actually happen. Even though you are "innocent till proven guilty", you are still seen as having potential guilt, or you wouldn't be there in the first place. Else, we would randomly take people to court.



It does happen if you decide to consider the evidence presented as dispassionately as possible, which is what a jury is supposed to do. And while I truly don't believe that cops will arrest just anyone, I do believe that they are under tremendous pressure to close cases and when any suspect shows up, they stop looking.
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#286 Mar 05 2014 at 6:00 AM Rating: Default
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TLW wrote:
No. that's not what it's saying. You should NEVER talk to police, regardless of whether they are asking you at a crime scene, during an interrogation or at any other point in the process. That's what you're lawyer is for, should you require one. I mean, you can talk about the sports and the weather at a police benefit barbeque or something, I guess.
...
Given two equally guilty or innocent people, those who try to "help" their case via talking to the police go to jail, receive fines, etc. at a significantly higher rate


Almalieque at least three times now wrote:
If you're being questioned by a police officer, you probably don't have a lawyer near by to advise you
I'm not sure what part of this you don't understand. I'm differentiating the police talking directly to you from you talking in court with a lawyer. Just because you choose NOT to talk to police has no relevance if you decide to talk in court, hence the Miranda Rights. If you decide to NEVER say ANYTHING to ANYONE EVER, you are hiding something.

TLW wrote:

Did you do the crime?

What difference does it make if you say "never"?

Samira wrote:
It does happen if you decide to consider the evidence presented as dispassionately as possible, which is what a jury is supposed to do. And while I truly don't believe that cops will arrest just anyone, I do believe that they are under tremendous pressure to close cases and when any suspect shows up, they stop looking.

There are reasons why the jury is scanned before selected. We understand that simply asking people to not be biased is not feasible. At this point, it's not even about bias or emotion, but logic. There is no logical reason not to talk in court with a lawyer if you are completely innocent. Are you suggesting the court to dismiss logic as well?

Edited, Mar 5th 2014 2:03pm by Almalieque

Edited, Mar 5th 2014 2:04pm by Almalieque
#287 Mar 05 2014 at 10:49 AM Rating: Excellent
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You don't have the option "not to talk in court" unless by doing so you would incriminate yourself, so yes. At that point you are saying that you are avoiding incriminating yourself, by definition.
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#288 Mar 05 2014 at 10:51 AM Rating: Good
Samira wrote:
You don't have the option "not to talk in court" unless by doing so you would incriminate yourself, so yes. At that point you are saying that you are avoiding incriminating yourself, by definition.


If you're on trail, you can choose not to testify, though, right? I'm unsure why someone would agree to testify, then plead the fifth.

Or maybe I just really don't understand the court system. That's incredibly possible.
#289 Mar 05 2014 at 11:03 AM Rating: Excellent
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Belkira the Tulip wrote:
If you're on trail, you can choose not to testify, though, right?

You can always be subpoenaed and called up as a witness for trials not directly involving you. You can also be called up by the prosecution at your trial (which is where you'd typically plead). There wouldn't be much point in going up during your defense and then pleading.
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#290 Mar 05 2014 at 11:10 AM Rating: Good
Jophiel wrote:
Belkira the Tulip wrote:
If you're on trail, you can choose not to testify, though, right?

You can always be subpoenaed and called up as a witness for trials not directly involving you. You can also be called up by the prosecution at your trial (which is where you'd typically plead). There wouldn't be much point in going up during your defense and then pleading.


It would be during the cross that you'd plead.

So if I'm accused of, oh, I don't know, smothering my husband in his sleep, the prosecution can force me to testify?
#291 Mar 05 2014 at 11:23 AM Rating: Good
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Belkira the Tulip wrote:
Jophiel wrote:
Belkira the Tulip wrote:
If you're on trail, you can choose not to testify, though, right?

You can always be subpoenaed and called up as a witness for trials not directly involving you. You can also be called up by the prosecution at your trial (which is where you'd typically plead). There wouldn't be much point in going up during your defense and then pleading.


It would be during the cross that you'd plead.

So if I'm accused of, oh, I don't know, smothering my husband in his sleep, the prosecution can force me to testify?
They can force you to undergo questioning - cross examination in the case of the prosecution. If you feel your answer would incriminate you, you would plead the fifth.


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#292 Mar 05 2014 at 11:27 AM Rating: Excellent
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ONLY if you're called as a witness for the defense. Most defense lawyers will not put their client on the stand.
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#293 Mar 05 2014 at 11:42 AM Rating: Excellent
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Here's a run down on when you can plead the Fifth:
http://www.selfincrimination.org/pleadingthefifth.html

I've no other interest in the site, but it looked to be fairly clear language. In the case of this thread, the relevant people pleading were subpoenaed before a legislative committee which isn't quite the same thing as a criminal trial.
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#294 Mar 05 2014 at 5:11 PM Rating: Default
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Samira wrote:
You don't have the option "not to talk in court" unless by doing so you would incriminate yourself, so yes. At that point you are saying that you are avoiding incriminating yourself, by definition.


So, you agree with me.
#295 Mar 05 2014 at 6:35 PM Rating: Decent
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And yeah, the fact that the resulting perception can be used to attack a prominent Republican likely adds to the reason why cooler heads haven't prevailed on this. I fully acknowledge that there's a possibility that this really was a plot for political revenge. But everything I've seen so far screams phony scandal.

It doesn't matter, because you missed the point. Real or not, the POINT of flogging this scandal for Democrats isn't what happened. Grow up, no one gives a **** what actually happened. The point is highlighting unfavorable parts of Cristie's personality then putting him under pressure to see if he reenforces the weaknesses you've highlighted. "Scandal" makes him look like a bully. Is he actually a bully? Turns out he is. There are hours of tape of him douchily playing a 9 year old tough guy with enemies and friends alike. "Scandal" makes him seem disloyal to freinds. Is he disloyal? Turns out he is. There weren't enough buses in Jersey to manage the tide of people he tried to throw under one.

Those things he did, the way he acted under pressure are what matters. It's not really particularly much worse if every allegation turns out to be true, the point was the perception that he's Dudley Dursley is what's going to stick. He can never be president now (not that he had much chance prior anyway) and it's quite possible enough damage as spilled over to the state GOP that they lose the next Gov election.

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#296 Mar 05 2014 at 7:42 PM Rating: Excellent
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Almalieque wrote:
Samira wrote:
You don't have the option "not to talk in court" unless by doing so you would incriminate yourself, so yes. At that point you are saying that you are avoiding incriminating yourself, by definition.


So, you agree with me.



I have no idea.

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#297 Mar 05 2014 at 7:43 PM Rating: Default
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Samira wrote:
Almalieque wrote:
Samira wrote:
You don't have the option "not to talk in court" unless by doing so you would incriminate yourself, so yes. At that point you are saying that you are avoiding incriminating yourself, by definition.


So, you agree with me.


I have no idea.


Well, obviously. Smiley: grin
#298 Mar 05 2014 at 8:08 PM Rating: Excellent
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Oh, I'm sure I'll muddle through somehow.
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