tallguy
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Post by tallguy on Aug 15, 2014 23:59:25 GMT -5
The California Supreme Court has ruled that the silence of suspects can be used against them.
"It's a very dangerous ruling," Zilversmit said. "If you say anything to the police, that can be used against you. Now, if you don't say anything before you are warned of your rights, that too can be used against you."
The state Supreme Court in a 4-3 ruling said Tom needed to explicitly assert his right to remain silent — before he was read his Miranda rights — for the silence to be inadmissible in court.
Justice Goodwin Liu dissented.
"The court today holds, against common sense expectations, that remaining silent after being placed under arrest is not enough to exercise one's right to remain silent," Liu wrote.
link
I can't even find words for this....
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mmhmm
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It's a great pity the right of free speech isn't based on the obligation to say something sensible.
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Post by mmhmm on Aug 16, 2014 0:08:55 GMT -5
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marvholly
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Post by marvholly on Aug 16, 2014 5:23:52 GMT -5
Scary. I KNOW if I were to be picked up by the police the FIRST thing I would want, no matter the possible charge, is consultation with a lawyer.
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jkapp
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Post by jkapp on Aug 16, 2014 8:45:38 GMT -5
"that remaining silent after being placed under arrest is not enough to exercise one's right to remain silent"
WTF? That doesn't even make any sense
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workpublic
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Catch and release please
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Post by workpublic on Aug 16, 2014 10:54:45 GMT -5
then don't remain silent keep requesting a lawyer over and over. or give your name ,rank(citizen) and serial number(ssn) since the police are now like the military
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AgeOfEnlightenmentSCP
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Post by AgeOfEnlightenmentSCP on Aug 22, 2014 13:52:51 GMT -5
The California Supreme Court has ruled that the silence of suspects can be used against them.
"It's a very dangerous ruling," Zilversmit said. "If you say anything to the police, that can be used against you. Now, if you don't say anything before you are warned of your rights, that too can be used against you."
The state Supreme Court in a 4-3 ruling said Tom needed to explicitly assert his right to remain silent — before he was read his Miranda rights — for the silence to be inadmissible in court.
Justice Goodwin Liu dissented.
"The court today holds, against common sense expectations, that remaining silent after being placed under arrest is not enough to exercise one's right to remain silent," Liu wrote.
link
I can't even find words for this....
They're wrong, of course. I would expect SCOTUS to eventually overturn this ruling.
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Deleted
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Post by Deleted on Aug 22, 2014 14:53:04 GMT -5
The California Supreme Court has ruled that the silence of suspects can be used against them.
"It's a very dangerous ruling," Zilversmit said. "If you say anything to the police, that can be used against you. Now, if you don't say anything before you are warned of your rights, that too can be used against you."
The state Supreme Court in a 4-3 ruling said Tom needed to explicitly assert his right to remain silent — before he was read his Miranda rights — for the silence to be inadmissible in court.
Justice Goodwin Liu dissented.
"The court today holds, against common sense expectations, that remaining silent after being placed under arrest is not enough to exercise one's right to remain silent," Liu wrote.
link
I can't even find words for this....
I can. California, land of the fruits and nuts.
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djAdvocate
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Post by djAdvocate on Aug 22, 2014 14:54:30 GMT -5
The California Supreme Court has ruled that the silence of suspects can be used against them.
"It's a very dangerous ruling," Zilversmit said. "If you say anything to the police, that can be used against you. Now, if you don't say anything before you are warned of your rights, that too can be used against you."
The state Supreme Court in a 4-3 ruling said Tom needed to explicitly assert his right to remain silent — before he was read his Miranda rights — for the silence to be inadmissible in court.
Justice Goodwin Liu dissented.
"The court today holds, against common sense expectations, that remaining silent after being placed under arrest is not enough to exercise one's right to remain silent," Liu wrote.
link
I can't even find words for this....
I can. California, land of the fruits and nuts. if you tell me what state you live in, i guarantee i can find something just as dumb that your judiciary has done within one day.
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wyouser
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Post by wyouser on Aug 22, 2014 15:59:58 GMT -5
Well, in Wyoming it is illegal for women to stand within 5 feet of a bar while drinking. In Wyoming it is strictly forbidden to fish with a firearm. In Wyoming you can be fined up to $750.00 for failing to close a fence. Do those count
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djAdvocate
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Post by djAdvocate on Aug 22, 2014 16:44:33 GMT -5
Well, in Wyoming it is illegal for women to stand within 5 feet of a bar while drinking. In Wyoming it is strictly forbidden to fish with a firearm. In Wyoming you can be fined up to $750.00 for failing to close a fence. Do those count totally. i would look at the consensual sex laws. they are astonishing. you can't cohabitate in some states, for example.
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Tennesseer
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Post by Tennesseer on Aug 22, 2014 17:04:18 GMT -5
I believe jma23 resides in Arkansas. Here are a few strange (alleged) laws in Arkansas:
The Arkansas River can rise no higher than to the Main Street bridge in Little Rock.
A man can legally beat his wife, provided he does it with a stick no bigger than 3 inches across and not more than once a month.
Honking one’s car horn at a sandwich shop after 9 PM is against the law.
Flirtation between men and women on the streets of Little Rock may result in a 30-day jail term.
It is unlawful to walk one’s cow down Main Street after 1:00 PM on Sunday.
Tennessee has a few too:
You can’t shoot any game other than whales from a moving automobile.
It is illegal to transport an ice cream cone in your pocket.
In Tennessee, it is illegal for children to play games on Sunday without a license.
Plenty more.
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djAdvocate
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Post by djAdvocate on Aug 22, 2014 17:09:50 GMT -5
we need a weird law thread. could this be it? those are hilarious, Tenn
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Tennesseer
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Post by Tennesseer on Aug 22, 2014 17:14:12 GMT -5
we need a weird law thread. could this be it? those are hilarious, Tenn DJ-in Tennessee, whales, especially blue whales, are a major problem in our bayous, brooks and streams. Too darn many of them. They are crowding out the great white sharks native to these brooks. So shooting whales is a good law.
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djAdvocate
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Post by djAdvocate on Aug 22, 2014 17:19:14 GMT -5
we need a weird law thread. could this be it? those are hilarious, Tenn DJ-in Tennessee, whales, especially blue whales, are a major problem in our bayous, brooks and streams. Too darn many of them. They are crowding out the great white sharks native to these brooks. So shooting whales is a good law. you know, i was thinking PRECISELY the same thing, but i was wondering if BIKES were included......
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The Captain
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Hugs are good...
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Post by The Captain on Aug 22, 2014 17:20:50 GMT -5
... Tennessee has a few too:You can’t shoot any game other than whales from a moving automobile. Wait, what!
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Tennesseer
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Post by Tennesseer on Aug 22, 2014 17:35:54 GMT -5
DJ-in Tennessee, whales, especially blue whales, are a major problem in our bayous, brooks and streams. Too darn many of them. They are crowding out the great white sharks native to these brooks. So shooting whales is a good law. you know, i was thinking PRECISELY the same thing, but i was wondering if BIKES were included...... I think I read someplace shooting whales was allowed from unicycles but not from bicycles or motorcycles. The noise from the motorcycles would disturb the whales' habitat.
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Sum Dum Gai
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Post by Sum Dum Gai on Aug 22, 2014 18:00:12 GMT -5
I'm not sure I really see the point of this ruling. Ostensibly the prosecutor can now mention during the trial that when questioned by the police the alleged didn't respond. Big deal. What's a jury going to do with that information? I guess it can make somebody look guilty...ish. No more guilty than being in court charged with a crime in the first place though. I wouldn't convict somebody based on their refusal to talk to the police.
I know too many cops that aren't that bright. They look for the easiest solution to the crime, haul that guy in and threaten him for 20 hours in the hope he confesses. They've gotten more than one confession out of somebody using weird psychological ploys that were then completely overturned based on DNA evidence and stuff. I wouldn't talk to those bastards either if they for some reason thought I was responsible for something. Their mind is already made up when they take you in. I'm not saying a damn thing, except that I want my phone call and won't answer any questions without a lawyer present. Even if I had an iron clad alibi and knew I had nothing whatsoever to do with the crime. Not saying a damn thing without a lawyer sitting next to me. Period.
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jkapp
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Post by jkapp on Aug 23, 2014 7:42:24 GMT -5
we need a weird law thread. could this be it? those are hilarious, Tenn DJ-in Tennessee, whales, especially blue whales, are a major problem in our bayous, brooks and streams. Too darn many of them. They are crowding out the great white sharks native to these brooks. So shooting whales is a good law. Well you have to let people shoot them, or else they'll overpopulate!
So as Jimbo said on South Park: We have to shoot them or else they'll die!
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swamp
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THEY’RE EATING THE DOGS!!!!!!!
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Post by swamp on Aug 23, 2014 7:52:29 GMT -5
I'm not sure I really see the point of this ruling. Ostensibly the prosecutor can now mention during the trial that when questioned by the police the alleged didn't respond. Big deal. What's a jury going to do with that information? I guess it can make somebody look guilty...ish. No more guilty than being in court charged with a crime in the first place though. I wouldn't convict somebody based on their refusal to talk to the police. I know too many cops that aren't that bright. They look for the easiest solution to the crime, haul that guy in and threaten him for 20 hours in the hope he confesses. They've gotten more than one confession out of somebody using weird psychological ploys that were then completely overturned based on DNA evidence and stuff. I wouldn't talk to those bastards either if they for some reason thought I was responsible for something. Their mind is already made up when they take you in. I'm not saying a damn thing, except that I want my phone call and won't answer any questions without a lawyer present. Even if I had an iron clad alibi and knew I had nothing whatsoever to do with the crime. Not saying a damn thing without a lawyer sitting next to me. Period. In NY, if the prosecutor comments on the silence, it's prosecutorial misconduct and the conviction will be overturned
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Deleted
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Post by Deleted on Aug 28, 2014 8:20:04 GMT -5
I can. California, land of the fruits and nuts. if you tell me what state you live in, i guarantee i can find something just as dumb that your judiciary has done within one day. Arkansas. 8-28-2014. I didn't coin the phrase "land of fruits and nuts" but I hear it nation wide. I wonder why that would be ?
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Deleted
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Post by Deleted on Aug 28, 2014 8:30:04 GMT -5
I'm not sure I really see the point of this ruling. Ostensibly the prosecutor can now mention during the trial that when questioned by the police the alleged didn't respond. Big deal. What's a jury going to do with that information? I guess it can make somebody look guilty...ish. No more guilty than being in court charged with a crime in the first place though. I wouldn't convict somebody based on their refusal to talk to the police. I know too many cops that aren't that bright. They look for the easiest solution to the crime, haul that guy in and threaten him for 20 hours in the hope he confesses. They've gotten more than one confession out of somebody using weird psychological ploys that were then completely overturned based on DNA evidence and stuff. I wouldn't talk to those bastards either if they for some reason thought I was responsible for something. Their mind is already made up when they take you in. I'm not saying a damn thing, except that I want my phone call and won't answer any questions without a lawyer present. Even if I had an iron clad alibi and knew I had nothing whatsoever to do with the crime. Not saying a damn thing without a lawyer sitting next to me. Period. In NY, if the prosecutor comments on the silence, it's prosecutorial misconduct and the conviction will be overturned I think that's the point. It was probably used as a grounds of appeal and got turned down.
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djAdvocate
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Post by djAdvocate on Aug 28, 2014 10:27:36 GMT -5
if you tell me what state you live in, i guarantee i can find something just as dumb that your judiciary has done within one day. Arkansas. 8-28-2014. I didn't coin the phrase "land of fruits and nuts" but I hear it nation wide. I wonder why that would be ? because it is true. we are the nation's breadbasket for tree crops. edit: your weird laws are in post 10.
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Deleted
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Post by Deleted on Aug 29, 2014 10:32:39 GMT -5
Arkansas. 8-28-2014. I didn't coin the phrase "land of fruits and nuts" but I hear it nation wide. I wonder why that would be ? because it is true. we are the nation's breadbasket for tree crops. edit: your weird laws are in post 10. About half the counties in Arkansas are dry also (no alcohol sales allowed) Marion county in north Arkansas just went wet recently. It was big news locally, with a lot of caterwauling from church groups and others.
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Deleted
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Post by Deleted on Aug 29, 2014 10:40:36 GMT -5
Arkansas. 8-28-2014. I didn't coin the phrase "land of fruits and nuts" but I hear it nation wide. I wonder why that would be ? because it is true. we are the nation's breadbasket for tree crops. edit: your weird laws are in post 10. OOOOHHHH NNNNOOOOO, you said "we" are the nations bread basket. You live in California ? That explains so much for me.
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Tennesseer
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Post by Tennesseer on Aug 29, 2014 10:48:18 GMT -5
because it is true. we are the nation's breadbasket for tree crops. edit: your weird laws are in post 10. OOOOHHHH NNNNOOOOO, you said "we" are the nations bread basket. You live in California ? That explains so much for me. Be nice. Much can be said about Arkansas (and Tennessee) residents too. Q: What's the best thing to ever come out of Arkansas? A: I-40.
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Deleted
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Post by Deleted on Aug 29, 2014 11:23:17 GMT -5
OOOOHHHH NNNNOOOOO, you said "we" are the nations bread basket. You live in California ? That explains so much for me. Be nice. Much can be said about Arkansas (and Tennessee) residents too. Q: What's the best thing to ever come out of Arkansas? A: I-40. I was being nice. That's why I'm keeping all the pre-concieved notions and judgements about Californians' firmly locked up in my head. For now... maybe be leaked out a little at a time...just when needed... or more often... etc... You know they tried to pass a law prohibiting automobiles a while back because they were supposedly causing the start of the next ice age. Oops, slipped out. Please disregard the previous sentence as everyone over there (California) knows that they (cars) really contribute to global warming. Don't they ?
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djAdvocate
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Post by djAdvocate on Aug 29, 2014 11:32:11 GMT -5
because it is true. we are the nation's breadbasket for tree crops. edit: your weird laws are in post 10. OOOOHHHH NNNNOOOOO, you said "we" are the nations bread basket. You live in California ? um, yeah. where have you been the other 100x i have mentioned that?That explains so much for me. really? what does it explain for you? lone is from here, too. what does it explain about her?
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djAdvocate
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Post by djAdvocate on Aug 29, 2014 11:35:54 GMT -5
Be nice. Much can be said about Arkansas (and Tennessee) residents too. Q: What's the best thing to ever come out of Arkansas? A: I-40. I was being nice. That's why I'm keeping all the pre-concieved notions and judgements about Californians' firmly locked up in my head. why? i won't get offended. so, you must be worried about what other people will think of YOU. For now... maybe be leaked out a little at a time...just when needed... or more often... etc... You know they tried to pass a law prohibiting automobiles a while back because they were supposedly causing the start of the next ice age. Oops, slipped out. what law would that be?Please disregard the previous sentence as everyone over there (California) knows that they (cars) really contribute to global warming. Don't they ? i have not researched the subject enough to make any claims about it. have you?
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djAdvocate
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Post by djAdvocate on Aug 29, 2014 11:37:10 GMT -5
because it is true. we are the nation's breadbasket for tree crops. edit: your weird laws are in post 10. About half the counties in Arkansas are dry also (no alcohol sales allowed) Marion county in north Arkansas just went wet recently. It was big news locally, with a lot of caterwauling from church groups and others. nothing learned from Prohibition, i guess?
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Deleted
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Post by Deleted on Aug 29, 2014 11:46:56 GMT -5
OOOOHHHH NNNNOOOOO, you said "we" are the nations bread basket. You live in California ? um, yeah. where have you been the other 100x i have mentioned that?That explains so much for me. really? what does it explain for you? lone is from here, too. what does it explain about her? It explains that I'm just funnin here. Feel free to make all the Arkansas jokes you want. I ridicule myself way more than you will.
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