In Vega v. Tekoh, the U.S. Supreme Court held, in part, that the jury could not be required to find Tekoh’s Fifth Amendment rights were violated because Miranda warnings are not rights but rather judicially crafted rules, which opens the door for overruling Miranda altogether.
The Vega decision will have a stronger impact on young defendants, the intellectually disabled, racial minorities, immigrants, and anyone unfamiliar with the criminal justice system and more prone to coercion.
And this was in 2014.
Imagine being Mahmoud Khalil right now and talking about the Fifth Amendment. You’re lucky if you can invoke the Suspension Clause.
Catoblepas@lemmy.blahaj.zone 2 days ago
The fact that in some instances the legal system does work according to the invocation of a magic phrase makes it so much harder to deal with the delusions of sovcits. The right to remain silent should be just that. You don’t have to say “I’m invoking my right to free speech” every time before opening your mouth for it to count.
roguetrick@lemmy.world 2 days ago
That’s the trick. An example is the am I being detained thing. A clock off reasonableness starts ticking as soon as you’re detained, but that detention doesn’t start until the officer tells you you can’t leave. Until you ask that magic phrase, you’re voluntarily having an interaction.