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December, 2024

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You dont have the right to have a lawyer present for questioning

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q12
Posts: 152 - Karma: 9
dont think bush's administration was the only one looking to take away your rights

here is a breakdown of whats going on (yes from a non governmental website)

http://scienceblogs.com/dispatches/2009/05/supreme_court_overturns_rule_o.php

and there is a link to the official ruling, but before you bitch feel free to click on the same document called  montejo v louisiana 

http://www.supremecourtus.gov/opinions/08slipopinion.html

even if you google "montejo v louisiana overturned" a clear channel news link doesnt show up, mainstream media sucks kids









Jun 2 2009 8:15PM
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kepler.
Posts: 8761 - Karma: 139
So? Just don't be a dumbass and tell them you're not talking until you DO get a lawyer. Problem solved.

The people coerced in to confessing were guilty to begin with (more than likely). So what is the problem if they are too ignorant to realize that when an officer reads them their Meranda rights (sp?) the whole part about "right to remain silent" they should remain fucking silent.
Jun 2 2009 8:22PM
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q12
Posts: 152 - Karma: 9
there are many reasons why this is a pretty big deal, this isnt a 5th amendment issue, but those will come next. 

right now the immediate impact is that

"The practical effects of the Court’s overturning Jackson in the Montejo case will be to allow law enforcement to work the bureaucratic and administrative systems to keep uninformed suspects away from their attorneys for as long as possible, even beyond their arraignments."

read this article, 

http://oxdown.firedoglake.com/diary/5579


Jun 2 2009 8:35PM
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kepler.
Posts: 8761 - Karma: 139
Ok I guess it could affect a small portion of the population that isn't educated. I still don't care personally. If you aren't smart enough to realize that when the officer says "you have a right to an attorney" they aren't bullshitting you.

I mean come one. Here's a paraphrased version of the Miranda Warning. (I looked up the spelling :])

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?

They tell you your rights, ask you if you understand them. If you choose not to enforce those rights during questioning, that's your own damn fault.
Jun 2 2009 8:57PM
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gmack24
Posts: 4636 - Karma: 31
you just refuse to speak until you have your lawyer. It's as simple as that, they aren't going to water board you.
Jun 2 2009 9:28PM
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