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Originally Posted by kraigwy
So the USSC basicly says if you want to Excersise your rights, SAY SO, ...
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Or just say nothing.
Now I have to say that I recognize the conundrum. People have a tendency to talk. Many have difficulty shutting up. In my professional life, in a civil and/or business context, people frequently answered questions I had no business asking and told be things that were none of my business, just because I was brazen enough to ask. I would have told someone asking me such questions to go suck an egg, and I have.
But I'm also sorry. It's no one's responsibility but yours to decide what you will, or will not, say. If you've been told that you don't have to say anything, but if you do, it will be used against you, it is then up to you to exercise self control.
Quote:
Originally Posted by pnac
Maybe I'm missing something, but it sure looks like the end of Miranda to me...
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You are missing something.
In this case, the subject was in fact read his Miranda rights and indicated that he understood them. If he had not been read his Miranda rights and/or had not indicated that he understood them, the result would have been entirely different. So Miranda is alive and well.
The key here is that with knowledge of his Miranda rights the subject voluntarily answered questions that he didn't have to, and that he knew he didn't have to -- because he had been read, and indicated that he understood, his Miranda rights.