Obama Legal Team Wants Defendants' Rights Limited

[HAWK]

This is disappointing. However, it will fit in quite nice with the Patriot Act.

[xfl2001fan]

Originally Posted by SteelersinCA

This is absolute bullshit. A defendant THINKS he wants to talk to the police because they THINK they can talk themselves out of it. So many times I've had clients want to tell their side of the story because they THINK it will help. It never does. Meager benefits?? Incriminating yourself further is a meager benefit? Ridiculous.

My only issue with this is that if a Defendant chooses to give the information and you can record the entire session (not just on a voice recorder either...full video so that you can read body language and such) I don't see why it can't be admitted as evidence. However, the entirety of it needs to be shown to a lawyer so that they can then refute questioning and such.

That's just my take. I'm not saying that we should take away the right to an attorney...because everyone should have the right to legal counsel...but if you choose not to use it, who's fault is that?

[HAWK]

The problem is there's such a thin line between right and wrong here. I've never been one to side with the defendant. But come on, there has to be a balance.

[SteelersinCA]

Originally Posted by xfl2001fan

My only issue with this is that if a Defendant chooses to give the information and you can record the entire session (not just on a voice recorder either...full video so that you can read body language and such) I don't see why it can't be admitted as evidence. However, the entirety of it needs to be shown to a lawyer so that they can then refute questioning and such.

That's just my take. I'm not saying that we should take away the right to an attorney...because everyone should have the right to legal counsel...but if you choose not to use it, who's fault is that?

These are people who obviously have made questionable decisions or they wouldn't be where they are in the first place. Do you really think it's in their best interest to be talking to police? I have never come across a cop who was gathering information to let someone go, they are always gathering information to aide in the prosecution of someone. There is a reason they say "anything you say can AND WILL be used against you."

[SteelersinCA]

Originally Posted by HAWK

The problem is there's such a thin line between right and wrong here. I've never been one to side with the defendant. But come on, there has to be a balance.

Where is the fine line in "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense?"

[xfl2001fan]

Originally Posted by SteelersinCA

These are people who obviously have made questionable decisions or they wouldn't be where they are in the first place. Do you really think it's in their best interest to be talking to police? I have never come across a cop who was gathering information to let someone go, they are always gathering information to aide in the prosecution of someone. There is a reason they say "anything you say can AND WILL be used against you."

That's just it, they are notified that "anything you say can and will be used against you in a court of law." That's the whole right to remain silent (Miranda rights???), plead the 5th and all that jazz.

It's a choice they have to make. If they choose to not be quiet (without a lawyer present), then they give up that right. Even a fool appears wise if he keeps his mouth closed.

[SteelersinCA]

The article states it is about when a defendant has ASKED FOR AN ATTORNEY. The rule is once they invoke their right to an attorney all questioning is supposed to stop. You don't get to go in an say are you sure you still want an attorney? Hey your atty isn't here yet why don't you just tell us what happened.

I'll tell you what, if you ever get arrested, god forbid, you go ahead and tell the cops whatever you want, see how well it works out for you. They'll promise you the world, BECAUSE THEY ARE ALLOWED TO LIE TO GET INFORMATION!!! Then you are left with the consequences.

Let me try to put it in terms you would understand, would you feel comfortable being thrown into a battle against a Delta force team? The Constitution is about fairness and equity, not about letting the police get the upper hand.

[SteelersinCA]

The article states it is about when a defendant has ASKED FOR AN ATTORNEY. The rule is once they invoke their right to an attorney all questioning is supposed to stop. You don't get to go in an say are you sure you still want an attorney? Hey your atty isn't here yet why don't you just tell us what happened.

I'll tell you what, if you ever get arrested, god forbid, you go ahead and tell the cops whatever you want, see how well it works out for you. They'll promise you the world, BECAUSE THEY ARE ALLOWED TO LIE TO GET INFORMATION!!! Then you are left with the consequences.

Let me try to put it in terms you would understand, would you feel comfortable being thrown into a battle against a Delta force team? The Constitution is about fairness and equity, not about letting the police get the upper hand.

[xfl2001fan]

God forbid I'm ever in the position where I have to talk to the cops because I've been accused of a crime. However, once I ask for an attorney, they can ask me a million questions. I will continue to use my Right to remain silent. They can ask a million question while I'm waiting, I'll just smile away. They can make a million threats...and still I'll silently smile while waiting for my attorney.

Either you choose to use that right, or you choose not to.

Typing SPECIFIC STATEMENTS IN CAPS doesn't change that SIMPLE LITTLE FACT.

[SteelersinCA]

Did it ever occur to you that because the cops can lie they can scare people into doing things they don't want to do? Ever cross your mind or do you just like to argue with me cause I don't drink the OSU Kool-Aid?