Self-Incrimination.

Discussion in 'Higher Ed' started by Jimbee68, Feb 19, 2026 at 4:46 AM.

  1. Jimbee68

    Jimbee68 Member

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    I'm confused by the privilege against self-incrimination in the US. The Fifth Amendment has guarateed it since George Washington's time. But the police can still interrogate you. If you have the right to remain silent why do they even interrogate you? They say they can if they give you your Miranda warnings. Say you have the right to remain silent and then begin the questioning. IOW you have the right to remain silent, now tell me all you know. That must be confusing for some people. For foreign visitors to the US for example. Or once there were these two brothers were I live. They were very young but they thought they killed a woman. The police said they got their confessions. But when they examined the body they found she had been raped and they obviously couldn't have done it. I thought at the time they obviously confessed for that reason. It was all very confusing to them. Also if you say you want a lawyer the questioning has to end. And I read once that in Washington's time coercion was more common, even though like I said the right goes back to his time.

    So what explains all these things that seem to conflict with each other?
     
    Last edited: Feb 19, 2026 at 9:09 AM
  2. wilsjane

    wilsjane Nutty Professor HipForums Supporter

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    Life would be so simple, if all the criminals just walked into the police station and told the truth, the whole truth and nothing but the truth. :D
     
    Echtwelniet likes this.
  3. Piobaire

    Piobaire Village Idiot

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    Everyone has the right to remain silent. Few have the ability.

    Always invoke your 5th Amendment rights; NEVER talk to police.
    "Am I under arrest?" <Y-N>
    If yes, you have a right to know the charges, a right to a phone call, and a 6th Amendment right to counsel. Say you wish to speak with an attorney and SHUT THE FUCK UP!
    If no, "Am I free to go?" <Y-N>
    If no, "Am I under arrest?", et cetera (see above).

    CAVEAT: The above presupposes that you've been detained by a real, modern law enforcement agency...and you're White. Similarly, if you're detained by the MAGA Gestapo, do not expect your civil or human rights to be respected.

    Know Your Rights: If Questioned by Police, FBI, Customs Agents, or Immigration Officers - ACLU
     
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