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5th Amendment: not so simple

Discussion in 'Gun Legislation' started by pronstar, Dec 10, 2019.

  1. pronstar

    pronstar TGT Addict TGT Supporter

    Jul 2, 2017
    This was news to me, perhaps it’ll be to some of y’all as well.

    Courts have ruled that 5A rights must be invoked. But there’s a right way and a wrong way to invoke this right - How you invoke it is important.

    And using the verbiage within the right “...on the grounds that it may incriminate me...” has actually been used by prosecutors to sway juries toward prosecution. Crazy.

    Food for thought...

    This is from a longer vid I’ve posted frequently, about why the 5A is so important.

    Sent from my iPhone using Tapatalk Pro

    Bozz10mm and ZX9RCAM like this.
  2. DoubleDuty

    DoubleDuty Active Member

    Feb 9, 2019
    Just invoke it without saying another word.
  3. Renegade

    Renegade SuperOwner

    Mar 5, 2008

    STFU is not a difficult concept.
  4. Glenn B

    Glenn B Well-Known TGT Supporter

    Sep 5, 2019
    Texarkana Area
    Yes, remaining silent is one of the best ways to assure your right not to self incriminate.
  5. easy rider

    easy rider Carbide Precipitator TGT Supporter

    Jun 10, 2015
    Odessa, Tx
    You are all guilty! And I take the 5th on how I know this.
  6. pronstar

    pronstar TGT Addict TGT Supporter

    Jul 2, 2017
    It’s crazy that one must invoke (speak) the right to silence, otherwise simply not saying anything at all can also be used against you.

    Sent from my iPhone using Tapatalk Pro
  7. Texasjack

    Texasjack TGT Addict TGT Supporter

    Jan 3, 2010
    Occupied Texas
    There's a great scene in the early episodes of Better Call Saul where a former cop (and bad guy) is being questioned by the police. All he says in return is, "Lawyer", "Attorney", "Lawyer".
    jordanmills likes this.
  8. Big Green

    Big Green Pew Pew TGT Supporter

    Mar 5, 2018
    College Station
    I seem to recall a video from a lawyer who was a former LEO, possibly detective, who said never talk to the cops. Great video if you have never seen it. Be warned, it’s about 45 minutes or so.
    jordanmills and BillFairbanks like this.
  9. BillFairbanks

    BillFairbanks Well-Known

    May 8, 2017
    Johnson County, TX
    Ironic that a video about not talking is 45 minutes long

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  10. candcallen

    candcallen Well-Known

    Jul 23, 2011
    Little Elm
    I've told my family and kids never talk to any investigators about anything period. Always get away from the table and out of the environment to clear your head and objectively consider the situation. Most of the time you will see that you are outclassed under prepared and completely unable to participate without help. Its they way our adversarial system works. You ever see how stupid one looks acting as their own lawyer? I rest my case.

    There are too many ways to get tripped up. Folks that have gone to any investigators or interviewing training know what I'm talking about. There are a crapload of techniques taught for interviews and they go way beyond you're a good person who made an honest mistake, or the truth will lift this cloud and get you peace or the quickest way home is just tell the truth.
    Dont even talk to 3rd party people as there is no priviledge there. Not to anyone unless there is some sort of priviledge there.

    Some people are so narcissistic and arrogant that they love to hear themselves talk and sound important. They might as well just claim guilty and go directly to the chair cause you can get those folks to admit to anything especially if they are stupid enough to think they arent in legal jeopardy.

    Example, I've done hundreds of investigations and interviews regarding internal theft for the 3 biggest retailers of the 90s cause I worked for each of them at one time or another as a second job. There wasnt one time where someone wouldn't run on profusely during an interview. I had people quit when invited for an interview because you dont interview the subject till the end and they probably figured they were phucked, but not one person who sat down wouldnt talk. They all are curious as to what you know and think they are the smartest person in the room. Most admitted to crap they couldnt have possibly have done. One kid said he stole 10s of thousands of dollars in CD's by smuggling them out in his mop bucket. He worked there less than a month and didnt start stealing till a couple weeks prior. On video he never took more CDs than could fit under his mop whe he accidentally knocked them on the floor then used his mop to drag them to an area he thought had no cameras.

    Nope keep your mouth shut. Inconsistent stories lead to bad outcomes even though police and prosecutors know full well memories and eye witnesses type testimony is unreliable at best. You will never help yourself by talking alone.

    Oh and since someone will ask, no I never completed reports in such a way that the company could civilly recover or criminally prosecute someone for more than I have evidence for other than the interview. It wouldnt matter criminally anyways as prosecutors wont waste time on it without evidence. Civilly, the laws are such the retailer's have way too much leeway in what they can collect from you and it rubbed me wrong so I was careful.

    Last edited: Dec 11, 2019
    pronstar and BillFairbanks like this.

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