This is better advice than staying silent (at least in the US). If you stay silent, then police can keep questioning you for as long as you're silent and they want to. When you say you want a lawyer, then they're required to stop questioning you.
In other words, the act of remaining silent is not enough to invoke your right to silence. You need to break your silence in order to invoke your right to silence
You need to specificly say "I want to speak with my lawyer", cops in the usa have been able to deny someone saying something like 'dont I get to speak to a lawyer' isnt specific enough
For anyone who doesn't get this, a person wanted to envoke their right to an attorney and asked for his "lawyer dawg." The police maliciously interpreted this as asking for a lawyer dog, which you have no right to, and the court agreed that that was a reasonable assumption and that the guy did not envoke his right to an attorney, so they did nothing wrong by not providing one.
That's not at all what happened. He spoke to detectives, and even allowed them to search his apartment to look for the victim (a woman he was falsely claiming he was friends with).
He was found guilty of her murder, and will be eligible for parole in 2041:
The judge also dismissed additional charges discovered during the investigation, including one count of burglary and 30 counts of sexual exploitation of children
...the right to remain silent is literal. Don't do propaganda for cops and prosecutors. You can be completely silent; it is your right to, and you should exercise it (or reply "no comment", but literal silence falls under the right to remain silent too).
Actually, there was a Supreme Court case about this. If you just sit there and say nothing after they give you your Miranda rights, they can make assumptions about things or simply continue for as long as they want. The case concluded with- you must declare that you understand your rights in some way and that you are invoking that right.
27 Comments
LillyPip@lemmy.ca · 102 pts · 362d
My advice to my son has always been: if you’re arrested for any reason, whether you did the thing or not, you become a Pokémon named ‘lawyer’.
doubtingtammy@lemmy.ml · 50 pts · 362d
This is better advice than staying silent (at least in the US). If you stay silent, then police can keep questioning you for as long as you're silent and they want to. When you say you want a lawyer, then they're required to stop questioning you.
In other words, the act of remaining silent is not enough to invoke your right to silence. You need to break your silence in order to invoke your right to silence
manuallybreathing@lemmy.ml · 27 pts · 361d
You need to specificly say "I want to speak with my lawyer", cops in the usa have been able to deny someone saying something like 'dont I get to speak to a lawyer' isnt specific enough
Liz@midwest.social · 23 pts · 360d
Dude got denied once for saying "I want a lawyer, dog." The courts upheld the he might have been referring to a dog that is a lawyer.
Vex_Detrause@lemmy.ca · 23 pts · 362d
It took me a while! "Lawyer....", "law.....yer..." "laaaawyir".
LillyPip@lemmy.ca · 14 pts · 362d
No matter the question: ‘lawyi… lawyi… lawyer!’
Raxiel@lemmy.world · 19 pts · 362d
Just be careful not to evolve into a LawyerDawg
Cethin@lemmy.zip · 21 pts · 361d
For anyone who doesn't get this, a person wanted to envoke their right to an attorney and asked for his "lawyer dawg." The police maliciously interpreted this as asking for a lawyer dog, which you have no right to, and the court agreed that that was a reasonable assumption and that the guy did not envoke his right to an attorney, so they did nothing wrong by not providing one.
AlpacaChariot@lemmy.world · 6 pts · 361d
Surely that can't be true?!
Cethin@lemmy.zip · 10 pts · 361d
https://slate.com/news-and-politics/2017/10/suspect-asks-for-a-lawyer-dawg-judge-says-he-asked-for-a-lawyer-dog.html
AlpacaChariot@lemmy.world · 6 pts · 360d
That is so ridiculous 😂
tofubl@discuss.tchncs.de · 7 pts · 362d
Lawyer?! I hardly even know her.
Alvaro@lemmy.blahaj.zone · 4 pts · 232d
Lawww Yerrr!
Lawyer!
Lawy lawy!
Lawwwyerrrrrrr!
DarkCloud@lemmy.world · 60 pts · 362d
That's not at all what happened. He spoke to detectives, and even allowed them to search his apartment to look for the victim (a woman he was falsely claiming he was friends with).
He was found guilty of her murder, and will be eligible for parole in 2041:
https://en.wikipedia.org/wiki/Murder_of_Lauren_Giddings
Chronographs@lemmy.zip · 55 pts · 362d
Surely someone wouldn’t just go on 4chan and lie
meliodas_101@lemmy.world · 18 pts · 362d
Absolutely not, you don't say that all threads are Fake and Gay.
xkbx@startrek.website · 8 pts · 362d
The gay is the best part ( ͡° ͜ʖ ͡°)
UltraGiGaGigantic@lemmy.ml · 3 pts · 360d
Noice
EtnaAtsume@lemmy.world · 25 pts · 362d
Hey what the fuck
CluckN@lemmy.world · 9 pts · 362d
When he goes on parole he can wait one year and finally play Battlefield 2042.
communism@lemmy.ml · 22 pts · 362d
...the right to remain silent is literal. Don't do propaganda for cops and prosecutors. You can be completely silent; it is your right to, and you should exercise it (or reply "no comment", but literal silence falls under the right to remain silent too).
MrEff@lemmy.world · 27 pts · 361d
Actually, there was a Supreme Court case about this. If you just sit there and say nothing after they give you your Miranda rights, they can make assumptions about things or simply continue for as long as they want. The case concluded with- you must declare that you understand your rights in some way and that you are invoking that right.
TempermentalAnomaly@lemmy.world · 10 pts · 361d
Throughline's We the People recently did an episode called, The Right to Remain Silent.
Media file
communism@lemmy.ml · 7 pts · 361d
The right to remain silent exists in plenty of places other than the US.
OrteilGenou@lemmy.world · 6 pts · 361d
He didn't win though
Agent641@lemmy.world · 9 pts · 360d
He's till sitting there