Ok, so you have advised someone of their rights...and you ask them if they understand their rights...what happens if they refuse to answer the question, or if they insist that they do not understand their rights? Can what they say still be held against them in court?
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If they refuse to answer the simple question, "Do you understand these rights as I've explained them to you?" I seriously doubt that they'll be answering any of the OTHER, slightly more important and relevant questions I plan on asking. So, that's a moot point.
If they just want to be a jerk and play the "I don't understand" game, then it's either skip the questions (as above, someone who wants to play that game probably won't give any useful answers anyway) or question away and let the prosecutor show that they they had the mental faculties to understand their rights when it goes to a motion to supress."He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
-Friedrich Nietzsche
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I had a guy tell me he didn't understand his rights and wouldn't understand them even if I explained them to him a hundred times. I asked him if he would answer my questions and he didn't answer. He was lots of fun.
All we're required to do is read their rights to them, if they don't understand them that's their problem.
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Originally posted by Desert DPS View PostAll we're required to do is read their rights to them, if they don't understand them that's their problem.You can now follow me on twitter.
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Originally posted by Desert DPS View PostAll we're required to do is read their rights to them, if they don't understand them that's their problem.
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Originally posted by SlowDownThere View PostThis is not true in NYS. Here, we need an acknowledgement that the rights are understood and waived. Failing that, they are treated as though the rights are not waived.
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Originally posted by Fuzz View PostExactly....if they want to play games then I will not be questioning them. If they honestly do not understand their rights (age, medical reasons,mental issues) then I will not be questioning them until their mental capacity is established.
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Originally posted by SA13 View PostNo it's your problem if you wish to ask questions pertaining to the crime, because any waiver of rights must be done knowingly and voluntarily, and the burden of proof is on the government (that means YOU) to show the suspect actually understood his rights, and knowingly and voluntarily waived those rights. If you there is doubt about whether he actually understood his rights and was capable of waiving those rights you will lose any statements made by the suspect at a suppressing hearing, and could face civil and criminal liability for violating the suspect's rights. This most certainly is your problem.
The arrest did stick.Last edited by Desert DPS; 04-27-2007, 08:56 PM.
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Originally posted by JCT View PostOk, so you have advised someone of their rights...and you ask them if they understand their rights...what happens if they refuse to answer the question, or if they insist that they do not understand their rights? Can what they say still be held against them in court?
A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745
It's only a conspiracy when your party is not in power.
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