this post was submitted on 20 Oct 2024
66 points (95.8% liked)

Ask Lemmy

26707 readers
1449 users here now

A Fediverse community for open-ended, thought provoking questions

Please don't post about US Politics.


Rules: (interactive)


1) Be nice and; have funDoxxing, trolling, sealioning, racism, and toxicity are not welcomed in AskLemmy. Remember what your mother said: if you can't say something nice, don't say anything at all. In addition, the site-wide Lemmy.world terms of service also apply here. Please familiarize yourself with them


2) All posts must end with a '?'This is sort of like Jeopardy. Please phrase all post titles in the form of a proper question ending with ?


3) No spamPlease do not flood the community with nonsense. Actual suspected spammers will be banned on site. No astroturfing.


4) NSFW is okay, within reasonJust remember to tag posts with either a content warning or a [NSFW] tag. Overtly sexual posts are not allowed, please direct them to either !asklemmyafterdark@lemmy.world or !asklemmynsfw@lemmynsfw.com. NSFW comments should be restricted to posts tagged [NSFW].


5) This is not a support community.
It is not a place for 'how do I?', type questions. If you have any questions regarding the site itself or would like to report a community, please direct them to Lemmy.world Support or email info@lemmy.world. For other questions check our partnered communities list, or use the search function.


Reminder: The terms of service apply here too.

Partnered Communities:

Tech Support

No Stupid Questions

You Should Know

Reddit

Jokes

Ask Ouija


Logo design credit goes to: tubbadu


founded 1 year ago
MODERATORS
 

American law outlines a series of protections for those accused of crimes but not yet convicted. (Like the 4th-6th amendments)

Does your country have any unique/novel protections of the rights of potentially innocent people accused but yet to be convicted?

If not are there any protections you think should be in place?

you are viewing a single comment's thread
view the rest of the comments
[–] NeoNachtwaechter@lemmy.world 4 points 2 weeks ago (3 children)

if you choose to temporarily waive your right to silence

you may at any point reassert that right.

You are saying this with so many words... do you really need to speak it out loud, like "I assert my right..."? I mean, can't you simply tell a thing or not tell it, at any time?

[–] MrPoopbutt@lemmy.world 4 points 2 weeks ago (2 children)

You have to actually say that you are asserting your right (in the US) to stop interrogations.

There was a case recentlyish (you can search for details if you're interested, I can only recall the broad strokes) where an accused said "I want a lawyer, dawg" and this was interpreted as "I want a lawyer dog", as in a dog who is a lawyer, and this was not found to be an assertion of the right to remain silent. The whole thing was eye rollingly stupid, but when in America....

[–] NeoNachtwaechter@lemmy.world 4 points 2 weeks ago

The whole thing was eye rollingly stupid, but when in America....

Hehe :)

Here: nearly unthinkable. Nobody needs to inform the police in explicit words about their rights, because rights have to be respected whether you tell some magic spell or not, and the police knows people's rights, because it is their job, so nobody needs to explain them. These police would get their asses full of trouble for such a prank.

[–] setsneedtofeed@lemmy.world 2 points 2 weeks ago* (last edited 2 weeks ago)

The "lawyer dog" case did not hinge on that.

The suspect,Warren Demesme, did not unequivocally demand a lawyer. He said: “If y’all, this is how I feel, if y’all think I did it, I know that I didn’t do it so why don’t you just give me a lawyer dog cause this is not whats up.”

The finding was that he asked a question rather than making a statement. The "dog" was completely irrelevant in the decision, but you know Internet pop news sites are going to be Internet pop news sites.

You can still think the outcome was expecting too much precision by a suspect and disagree with it, but let's at least be accurate in criticism/discussion instead of perpetuating meme tier inaccuracy.

[–] setsneedtofeed@lemmy.world 2 points 2 weeks ago

You can indeed stay silent. However, if you want the police to stop asking you questions, you have to affirmatively say you are asserting your right. If you just clam up, the cops can keep asking and asking you things. Similar to getting a lawyer- you have the right to a lawyer, but when you are in police custody you aren't going to get one until you ask for it during the questioning.

[–] FireTower@lemmy.world 1 points 2 weeks ago

Great question. In theory/practice you can just shut up from square one. But asserting your rights by doing so in clear unambiguous terms for is advisable. Judges understand someone saying "I wish to invoke my right against self incrimination as protected in the 5th amendment" better than the do pure silence.