You are currently browsing the tag archive for the ‘Fifth Amendment’ tag.

She doesn’t sound unreasonable as to her doubt.  Henry Fonda would be proud.

I didn’t hear the evidence, so I have no clue.  My first trial was a criminal trial and the jury took several hours before unanimously deciding my client was not guilty.  A juror told me that initially there were only three jurors who saw it that way.  The rest of the jurors didn’t like my client and had to be convinced by the three that it was a question of evidence not character.

In a case like this in which the whole world is watching them, it’s possible that there were people who just didn’t want to be demonized the way the OJ jury was.  Of course, it’s also possible that this woman is looking for a book/movie deal.  But it doesn’t sound that way.

In yet another in a long string of rulings watering down Miranda and other search and seizure related rights, the conservative majority of SCOTUS has ruled that you have to speak up if you want to stay quiet.

SCOTUS had already ruled that you have to specifically request an attorney in order to invoke Sixth Amendment rights.  If you invoke your Sixth Amendment rights, they can’t just leave  you and come back to harass you later.  Therefor, if you are arrested from here on out, to cover all bases, you should say something along these lines:

I hereby invoke my Fifth and Sixth Amendment Rights to silence and legal counsel.  I will not speak to you until I have consulted an attorney.

After that, you only have to answer booking questions.  But make sure you are clear.

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