A question about "Pleading the Fifth"

[k9bfriender]

Which is the problem with bending the rules for “serious” crimes.

Once the rules are bent, no one ever seems to bother the straighten them out again.

[md-2000]

@k9bfriender

Once the rules are bent, no one ever seems to bother the straighten them out again.

If there is no penalty for breaking the rules, then they aren’t really rules…

[DrDeth]

@Exapno_Mapcase

The loophole for government is not the “jeopardy of life or limb” part but the “same offence” part. You can be prosecuted for a state offence and a federal offence for the same crime, especially if a civil rights violation is involved.

I always thought that was bogus.

@Exapno_Mapcase

You can invoke the Fifth at any time in the process , even at the first police interrogation, as long as you have been Mirandized.

Am I free to go? If NO, then I want to speak to my/a lawyer.

Unless as a witness, and even then be a little careful.

Do not try and talk yourself out.

@SanVito

Common Law in England has always, in theory, prohibited torture - it is called out in Magna Carta - and was specifically made illegal in England in 1640.

Yeah but a constable tossing you in a dirty vermin infested cell with occasional slapping around was not considered “torture”.

[Saint_Cad]

@Exapno_Mapcase

You can invoke the Fifth at any time in the process , even at the first police interrogation, as long as you have been Mirandized.

I don’t think you have to wait until Mirandized. Like I’ve been saying all along that you don’t have to answer questions even before arrest. That is based on the 5th and why, despite their threats, it is not illegal.

[Whack-a-Mole]

@Saint_Cad

I don’t think you have to wait until Mirandized.

Sure. But the whole point of the Miranda Warning is to advise people of the rights they have. Surprisingly too many people are not aware of their rights (no matter how obvious it is to you or me).

[md-2000]

@Saint_Cad

I don’t think you have to wait until Mirandized. Like I’ve been saying all along that you don’t have to answer questions even before arrest. That is based on the 5th and why, despite their threats, it is not illegal.

Yes - I’ve seen police approach someone and start asking questions in a deli on the main street - he was by appearance a “street person” not too clean or well-groomed, and not apparently causing any problems. After the second question or so, he simply said “Am I under arrest?” They replied “no” and he said “then I don’t need to stay here and talk to you.” And he left.