Hi Vince,
Well put. I know TV and real life have little in common but on shows
like Law & Order when a suspectis being questions they often ask, "Do I need
a lawyer?" and the police usually reply with a "Why do you need a lawyer of
you did't do anything?" because they know a lawyer will advise them to stay
quiet. It appears often the police have little to go on until the suspect
starts talking!
The ability to not be forced to admit guilt is a long standing right -
which is based on the English legal system as are many of our laws.
Well, I hoped this thread would generate some conversation!! It certainly
did *that*!!
Larry T (67 MGB, 74 911, 78 240D, 91 300D)
www.youroil.net for Oil Analysis and Weber Parts
Test Results http://members.rennlist.com/oil
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.
----- Original Message -----
From: "V Layton" <[EMAIL PROTECTED]>
To: <mercedes@okiebenz.com>
Sent: Friday, December 01, 2006 6:52 PM
Subject: Re: [MBZ] Big Brother is Nearby --- WAS---- W140 Vs W126
From: "Jeff Zedic" <[EMAIL PROTECTED]>
Hmmm, I still don't understand the 5th......why would an innocent person
use
it?
So basically, using the 5th is a tacit admission of guilt, no?
If I caused serious accident, I'd admit fault....where's the problem?
Jeff Zedic
Toronto
It's protection from zealous prosecutors with conviction quotas
(self-imposed included) who know the letter of the law and can use it
against a citizen's ignorant non-intent to break them. The less you say,
the less ammo they can drum up against you to win in court.
The other edge is it certainly CAN be considered by a jury or judge as an
admission of guilt to not say anything. I'd think if you were honest and
good intentioned without reasonable or predictaible negligence it would be
the best thing for your case. But, it seems sadly today conventional
wisdom
from the best defense lawyers and proven results for the innocent and the
guilty is to keep your mouth shut at all costs.
Thus, everyone should get the option. Defending youself in court is
considered stupid too. Getting a lawyer admits guilt, or at least
rightfully founded fear of your true actions and the evidence they may
bear
OR innocence in the face of potential conviction. If the prosecuter knows
all the laws and you come in with a speech, the ruling will simply go to
the
better presented legal case, and you'd likely lose.
PS- If everyone admited fault, the term "hit and run" would not exist!
Vince
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