Re: [tlug] Collection of Responses, mostly on the Reiser

[<burlingk@example.com>]

> Message: 11
> Date: Fri, 13 Oct 2006 10:44:23 -0700 (PDT)
> From: "Walter Hansen" <gandalf@example.com>
> Subject: Re: [tlug] Collection of Responses, mostly on the Reiser
> 	thread(s)
> To: "Tokyo Linux Users Group" <tlug@example.com>
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> 	<13390.64.142.38.232.1160761463.squirrel@example.com>
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> 
<Snip>
> 
> Accoding to Law & Order (US tv show) and it's generally 
> pretty accurate,
> the moment the person asks for a lawyer, all bets are off. It's almost
> like they could ask for a lawyer, confess and the police 
> could never use
> it. Once they ask for the lawyer the police can't question 
> them until a
> lawyer is present. Now this may very well reflect New York 
> State law. It
> could be different from State to State as many laws are, but 
> I suspect it
> is mostly the truth for the whole US.
> 
> I expect laws in other nations to be greatly different. 


That is just it, we are not taking about them being questioned.  We are talking about them volunteering information.  There are people in past who have intentionally put themselves into situations where they thought what they said would be inadmissible, then spilled everything so that there would be nothing left to use against them in court.  That generally doesn't work too well.

Here is a link to a website that appears to be aimed at helping fraud victims:
http://www.fraudaid.com/how-to-deal-with-having-been-conned/miranda_rights.htm

It shows a breakdown of Miranda rights, and how they are supposed to be handled.

Here is a link to the Miranda Rights issue on Wikipedia:
http://en.wikipedia.org/wiki/Miranda_warning

The Wikipedia article does not dress the subject of a loudmouthed suspect that claimed to want to invoke his rights.  

However, claiming to invoke 5th amendment rights, and then blabbing out a confession is the same as waiving the rights to begin with.  It is the right to remain silent.  If you choose not to remain silent, that is up to you.

Also an interesting thing to note, the first link specifically warns against using cop shows (it specifically lists Law and Order actually) for sources of legal information.