• sugar_in_your_tea@sh.itjust.works
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    6 months ago

    Oddly, you have to actually assert that right in many jurisdictions. In the US, say something like “I plead the fifth” or “I choose to remain silent” and assert your right to an attorney, and shut up until the attorney comes and only speak at the discretion of the attorney. Just staying silent opens you up to attempted manipulation, whereas they must provide an attorney if requested and the attorney may have options to strike some of the manipulation while you wait for the attorney.

      • SSTF@lemmy.world
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        6 months ago

        The decision in this case was wrong I think, but it is better to be more accurate in criticism so that people can’t undermine you.

        The ruling did not hinge on the “lawyer dog”. You can completely disregard that. The ruling hinged on if he asserted his right in asking for a lawyer.

        His exact words:

        “I know that I didn’t do it, so why don’t you just give me a lawyer dog ‘cause this is not what’s up.”

        Sliced very finely, he did not directly demand a lawyer, but he asked a question. Instead of saying “give me a lawyer” he asked “why don’t you just give me a lawyer?”

        I think the ruling was wrong by hinging so finely on his exact wording when he obviously indicated he wanted a lawyer, but if you’re going to make headway please stop repeating the Buzzfeed headline version of the ruling.

        • Rhaedas@fedia.io
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          6 months ago

          The question should be if the cops were not clear on his intent in the statement. They were, they just got lucky in being able to find a judge who also was “confused” on the meaning. They all knew what was meant. Btw, it wasn’t a question. I don’t see a question mark.

          • SSTF@lemmy.world
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            6 months ago

            I agree that he should have gotten a lawyer. That wasn’t the point of my comment. The point of my comment is that by fixating on the irrelevant “lawyer dog” aspect people are reacting to that part of the case that doesn’t matter.

    • SSTF@lemmy.world
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      6 months ago

      You can simply remain silent, which doesn’t answer the questions but isn’t considered asserting the right. The important bit is to clearly and unambiguously invoke your right to a lawyer while not answering questions.

      • sugar_in_your_tea@sh.itjust.works
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        6 months ago

        Yes, remaining silent works, but explicitly invoking your rights is better. At any rate, don’t tell the cops anything unless your lawyer tells you to.

          • balderdash@lemmy.zip
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            6 months ago

            All workers under capitalism are slaves in a loose sense of the word. Your labor creates more profit than what they pay you in wages (otherwise the owners wouldn’t employ anyone). Typically, your wages are only a small fraction of the money your labor makes the owner.

            While the capitalist gets to pick a profitable time in which to invest their money (e.g., buy labor, machines, stocks, etc.) the worker is born into institutions that force them, on threat of destitution, to sell themselves by the hour. We are really not much different from feudal serfs.

            • Tar_Alcaran@sh.itjust.works
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              6 months ago

              I didn’t mean “This is like slavery”, I meant that literally the US Constitution specifically allows for prisoners to be used as slaves.

              • balderdash@lemmy.zip
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                6 months ago

                Yes, I know. The US. has literal slave-labor in prisons and US corporations depend on slave labor overseas. But even workers who are better off are being exploited.