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Old 04-11-2019, 12:52 PM
 
46,952 posts, read 25,990,037 times
Reputation: 29442

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Quote:
Originally Posted by BentBow View Post
Nope... You are not being accused and you cannot be FORCED with threat of violence and enslavement, for not saying a word. If you are not the accused there is no mandate you be present in a court of law. Or you would not be a free person. You would be property of the court.
Free people being forced, is called TYRANNY.
At the beginning of this nation, that got you shot.
At this point, we all know how forceful your feelings are on this subject. But you are factually wrong.
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Old 04-11-2019, 01:20 PM
 
Location: My House
34,938 posts, read 36,258,444 times
Reputation: 26552
Quote:
Originally Posted by ironpony View Post
Okay thanks. But why is, it that victims of crimes who are being uncooperative, can be arrested to secure their testimony if they have the right to remain silent. It seems like a contradiction, in the legal system, so if a victim does not want to talk, and are arrested, then why don't they ever take advantage of that contradiction?

Like if a victim who was arrested to secure their testimony were to say to a prosecutor "If I have the right to remain silent, then what good is arresting me to compel me to testify, since I have the right to remain silent", then what would be a prosecutor's response to that?

Also, I thought the right to remain silent was allowed in court proceedings, as witnesses have taken the fifth amendment on the stand before. Even in real life for example, witnesses took the fifth, as an example. If he only had the right to remain silent up until the court proceedings and not during, then why were witnesses in real cases, allowed to remain silent, if it's not allowed for a witness in court?
Because Miranda rights pertain to what happens from arrest until trial, not to trials themselves.

People can be compelled to testify in trials... typically, they are also offered immunity to secure testimony.

You only have the "right to remain silent" in order to ensure that your words are not held against you once you GET to court.

Not while you are IN court.

That's the gist of it.
__________________
When in doubt, check it out: FAQ
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Old 04-11-2019, 01:26 PM
 
79,907 posts, read 44,199,011 times
Reputation: 17209
Quote:
Originally Posted by RedZin View Post
Because Miranda rights pertain to what happens from arrest until trial, not to trials themselves.

People can be compelled to testify in trials... typically, they are also offered immunity to secure testimony.

You only have the "right to remain silent" in order to ensure that your words are not held against you once you GET to court.

Not while you are IN court.

That's the gist of it.
You most certainly can plead the 5th in court also if answering the question would incriminate you.

Chicago cop pleads the Fifth at trial involving mysterious shooting at his home

https://www.chicagotribune.com/news/...016-story.html
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Old 04-11-2019, 04:44 PM
 
Location: Ohio
24,621 posts, read 19,165,825 times
Reputation: 21738
Quote:
Originally Posted by BentBow View Post
Being silent is a 1st amendment right. If I am free to speak, I am free to shut the **** up.
Same goes for... If I am free to leave, I am free to stay.(being detained)
Well, I hope you get arrested for a crime you didn't commit, and witnesses who could exonerate you don't speak out, 'cause, well, you know, it's their "right."

Don't drop the soap.

My advice: hook up with the Aryan Nation or one of the Latino groups for protection, so you don't get shanked or beat down too badly.

One other thing: get your family to send you hot sauce or something, because prison food is really bland.
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Old 04-11-2019, 07:08 PM
 
Location: Upstate NY 🇺🇸
36,754 posts, read 14,828,087 times
Reputation: 35584
Quote:
Originally Posted by boxus View Post
If under suspicion for a crime, do not speak at all, get a lawyer, plenty of innocent people have been locked up, and who knows how many plea deals have been made innocent people entered into to avoid prison.

Hillary, is that you?
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Old 04-11-2019, 09:53 PM
 
Location: The Republic of Texas
78,863 posts, read 46,624,265 times
Reputation: 18521
Quote:
Originally Posted by Dane_in_LA View Post
At this point, we all know how forceful your feelings are on this subject. But you are factually wrong.
Unless you are accused of a crime, you are under no obligation to anyone.
You are not anyone's property....
I certainly hope you don't feel as if your are another person's property.
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Old 04-11-2019, 09:56 PM
 
Location: The Republic of Texas
78,863 posts, read 46,624,265 times
Reputation: 18521
Quote:
Originally Posted by Mircea View Post
Well, I hope you get arrested for a crime you didn't commit, and witnesses who could exonerate you don't speak out, 'cause, well, you know, it's their "right."

Don't drop the soap.

My advice: hook up with the Aryan Nation or one of the Latino groups for protection, so you don't get shanked or beat down too badly.

One other thing: get your family to send you hot sauce or something, because prison food is really bland.
Hope all you want.


As a PI I get summoned all the time from people I did investigations for.... Because they do not want to pay my court fees. They think a summons is going to get me there around my fees. LOL!
What are they going to do when I don't show up?
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Old 04-12-2019, 05:43 AM
 
59,059 posts, read 27,306,837 times
Reputation: 14285
Quote:
Originally Posted by KS_Referee View Post
Let me introduce you to Professor James Duane, author of the book, "You Have The Right To Remain Innocent". I encourage you to spend the $8.49 + tax (free shipping if you have an Amazon Prime account) and buy this book, then read through it several times. Who is Professor James Duane? He is the law professor who created the famous YouTube video, "Don't Talk To The Police".


For a quick primer, watch the two following videos.

https://www.youtube.com/watch?v=d-7o9xYp7eE


https://www.youtube.com/watch?v=-FENubmZGj8



James Duane carefully spells out in his book how and when you have to speak to the police and what to limit your answers to. You can listen to the advise of all these City-Data internet lawyers OR you can buy a cheap book and learn the truth from a person who teaches law and who made several videos and then wrote a book specifically addressing the issue.



You've just been presented with the best advice you'll get on the subject. The rest is up to you.
In some states, I don't know how many, if you are stopped by the police and "refuse to co-operate" by " "Don't Talk To The Police" by NOT giving your name etc, they CAN "detain" you and take you to the police station so they can ascertain who you are.

Is all that worth it to not us give your name for a simple traffic stop? Your choice.
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Old 04-12-2019, 06:22 AM
 
Location: The Republic of Texas
78,863 posts, read 46,624,265 times
Reputation: 18521
Quote:
Originally Posted by Quick Enough View Post
In some states, I don't know how many, if you are stopped by the police and "refuse to co-operate" by " "Don't Talk To The Police" by NOT giving your name etc, they CAN "detain" you and take you to the police station so they can ascertain who you are.

Is all that worth it to not us give your name for a simple traffic stop? Your choice.



Yes, a few states still have "right to stop" Which is unconstitutional. Louisiana is one that I know of. If a cop asked for ID, you must provide name and birthday. Texas NO: Penal Code 3802.
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Old 04-12-2019, 06:25 AM
 
Location: The Republic of Texas
78,863 posts, read 46,624,265 times
Reputation: 18521
Quote:
Originally Posted by BentBow View Post
Unless you are accused of a crime, you are under no obligation to anyone.
You are not anyone's property....
I certainly hope you don't feel as if your are another person's property.

https://www.youtube.com/watch?v=Aqr9YRS4ztg



https://www.youtube.com/watch?v=9IIcBF0hXDU


Hunting Bad Cops!
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