Re: [tlug] Collection of Responses, mostly on the Reiser thread(s)

["Josh Glover" <jmglov@example.com>]

On 13/10/06, burlingk@example.com <burlingk@example.com> wrote:

> There is the Miranda Act.  You have the right to remain silent, if you choose to waive this right, anything you say can and will be held against you in a court of law.  Real simple, if they remember to read him his rights, and he chooses to say he did it, it can still be held against him in most states.
>
> All that asking for his lawyer does, is means they can't bug him till the lawyer gets there.  Doesn't stop him from sticking his foot in his mouth.

I am pretty sure that this is incorrect, but IANAL. Is there anyone on
this list who is, and can speak authoritatively (and I with relevant
links to the US legal code[1]) on this subject? I do not have the time
to grep through the code, nor the expertise to know where to start
looking.

However, it is my understanding that Erin is correct: between the time
that you ask for your lawyer, and the time that the lawyer confers
with you, anything you say is inadmissible in court. There may well be
a technicality or loophole or two that makes stuff admissible, but it
is almost surely not.

Anyway, the relevant right in the Miranda warning is this one:

"You have the right to speak to an attorney, and to have an attorney
present during any questioning."[2]

The right to remain silent applies even if you waive your right to a
lawyer. You ain't gotta say shit, in other words. Remember, at least
in the US, the burden is on the State to prove your guilt.

Cheers,
Josh

[1] http://www.law.cornell.edu/uscode/
[2] http://en.wikipedia.org/wiki/Miranda_Rights#Typical_Miranda_warning
(see also [3])
[3] http://en.wikipedia.org/wiki/Miranda_Rights#Miranda_rights