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
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.