June 18, 2013

Supreme Court abolishes the Fifth Amendment

It's depressing. We have a wingnut "supreme" court that has no idea what it's like to be a normal, non-privileged American. All their friends are rich, so that's the only group they consider in their decisions.

To make a long story short, they decided that if the police take you down to the station house and question you -- without arresting you -- and you "remain silent" in response to questions, your silence can be used against you! Duh. This is the exact opposite of the Miranda rights. I can't imagine a more un-American decision. Do the justices even live in this country?

In light of this appalling decision, I assume that requesting an attorney before being questioned will be a defendant's only "right". But to instantiate this right, the person would have to know enough to claim it -- and that would require an awareness most defendants don't possess. Due to financial circumstances, poor people tend not to be well-educated, so it's absurd to expect them to know what to do in these situations. And most immigrants, particularly recent arrivals, will also be unaware of their rights.

So the police will know these facts while the victim defendant does not. The officers will have the upper hand at all times and will hold off on arresting a suspect, hoping he will "go silent". And then they can do whatever the hell they want to him.

America. Land of opportunity. This is so sad.

3 comments:

writenow said...

I'm still thinking about this issue. No one should cooperate with the police until this ruling is overturned. If a police officer asks you to come to the station, say "no" and close your door in his face. Do not go to a police station ever -- or talk to a police officer under any circumstances -- until he says you're under arrest. And then you should respond, "Read me my Miranda rights".

Unknown said...

I say no way, we must all join our voices and minds together to tell the supreme court no. How much more simple of a right, a human right can be taken away what other American rights will be taken to feed the spoiled, fat, wealthy of the country.

I got an article of it and the other rights that are included in it as well. Read the article and it will be clear that the 5th cannot be done away with or abolished, it needs to stay right where it is or was.

http://en.wikipedia.org/wiki/5th_Amendment_to_the_United_States_Constitution

Unknown said...

http://en.wikipedia.org/wiki/5th_Amendment_to_the_United_States_Constitution

Just to see the amendment and what rights you will no longer have, americans who truly believed in and died for it would be extremely disappointed if we let go so easily of everything they suffered for us to have, think about it to help you sleep at night...