Quote:
Originally Posted by CuteOldGuy
SCOTUS blew this one. Big time. It's another sad day for American jurisprudence. That ruling is ridiculous and destructive, and sets us one step closer to a police state. A person can't possibly assert his Fifth Amendment right to remain silent until he has been informed by the officers of his right. My advice to clients was to go ahead and talk if they wanted to go to jail, otherwise keep your mouth shut, and maybe avoid the whole thing.
It's not the suspect's job to provide incriminating evidence to LE. It is LE's job to prove the suspect is guilty of the crime beyond a reasonable doubt, to a moral certainty. The suspect is under no obligation to provide self incriminating information at any point.
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This is wrong. Wrong on the law, wrong on policy, and wrong about the Court's decision.
As you later admit, you are shooting off your mouth before you read "the law," which might explain, if you even argued two cases before the Kansas Supreme Court, why you lost.