cross-posted from: https://lemdro.id/post/28115777
Because everyone thinks they’re just going to either explain what happened and it’ll all be fine (it won’t), or they think they can just weave a great big lie and the cops will buy it (they won’t). Don’t talk to the police without an attourney. If you’re in that chair, it’s because they want to implicate you in some way, regardless of right or wrong. While they might throw a fit about it, refusing to speak without an attourney present is your right and is in no way an admission of guilt.
You do have to specifically invoke the right, though. But all you really have to say is, “I’m invoking my 5th amendment right to stay silent and will not be answering questions without an attorney present.”
FYI:
Later, at his trial, prosecutors told jurors that his silence in the face of that question showed that he was guilty,
https://en.wikipedia.org/wiki/Berghuis_v._Thompkins
Understand how to invoke your right to remain silent and what consequences silence or otherwise may have–especially if improperly used.
Invoking your fifth amendment cannot be used to as evidence against you in a criminal court, but it can be used in civil cases. Its called adverse inference. Basically in a civil court if you refuse to provide information, it can be used against you to decide a fine or penalty. But it cannot lead to your incarceration under a criminal indictment. Griffin V California from '65
Yes, but the case being referenced involved what it means to invoke your fifth amendment rights.
Is remaining silent invoking the right, or do you have to state “I am invoking the right to remain silent”, or some other statement?Per the supreme Court, you can’t passively invoke the right and can only do so actively. So simply not answering a question isn’t invoking the fifth amendment and could be used against you.
That seems fucking stupid as hell, why do you need to “invoke” any right at all? And why would there be a requirement to access this right that most people wouldn’t know
You’re talking about a country where “I want a lawyer, dawg” is not sufficient to be provided a lawyer, because the cops can reasonably think that you want a dog that’s a lawyer. The legal system in the US is beyond saving.
Please tell me this isn’t true. Lie to me if required. I can’t handle any more America. This may be the metaphorical straw
Da fuck?
Maybe you should just always say that you did it. Everything else is not worth the effort. The system is fucked and Americans too
