Text 25924, 49 rader
Skriven 2012-02-26 09:38:02 av Roy Witt (1:387/22)
  Kommentar till text 25804 av Paul Quinn (3:640/384)
Ärende: Solstice ceremonies
===========================
26 Feb 12 11:56, Paul Quinn wrote to Roy Witt:

 PQ> In a message to Bj÷rn Felten you wrote:

 RW>> That came out of a USSC decision which is called Miranda Rights,
 RW>> which means that you're apprised of your right to remain silent and
 RW>> that you ack that anything you say or do anything from this point on
 RW>> will be used (against, not for you) you in a court of law.

 PQ> I've seen in a late night cable TV show on the Criminal Investigation
 PQ> (CI) channel that the British coppers do similar as well.  The words
 PQ> are all mished-mashed around but the same warning remains: you (perp)
 PQ> don't have to say anything but if you do then we may use whatever you
 PQ> say as evidence.

That's a part of our Constitution that many people didn't know worked for
them or even existed. i.e. the 5th amendment which states that the accused
can't be forced to witness against himself, (as is so in parlamentary
tribunal systems).

Although that article of the Constitution has always existed there to
protect one from himself; all you had to do was read what we refer to as
the "Bill of Rights" which the first 10 of were included in the original
Constitution as Amendments.

There was a criminal case that led up to a US Supreme Court ruling in
favor of a defendant, it was named after him. Thus Miranda Rights. Which
each LEO must warn the accused of before they're taken into custody.

 PQ> I can't recall if our troopers give such a warning.  (I had only been
 PQ> present for a couple of interviews up until the interview room was
 PQ> fully stocked [triple tape deck & video feed] prior to my
 PQ> retirement.)  I think they do but there ain't no formal phrasing.

If they do it at all, it would be used before the person is transported to
the station. Aka, you're under arrest for so and so and you have the right
to remain silent, if such right exists in the Aussie constitution. I trust
that you're more familiar with that than I am.


                R\%/itt


  ... Only those who will risk going too far can possibly
  ... find out how far one can go ~ TS Eliot


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