Annie
Diamond Member
- Nov 22, 2003
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Originally posted by leojoeyjoe
The story I saw said the police had to have a "reasonable suspicion", invoking reason, (which I don't know, maybe "reason" is unacceptable inhere too) and it said the penalty was a 250 dollar fine...
Just started looking at some legal writers sites. Here's one:
http://volokh.com/
Hiibel and the Fifth Amendment(another in my series of posts today on the Court's Hiibel decision):
The most interesting debate in Hiibel has to do with the privilege against self-incrimination. Though the text of the Fifth Amendment only bars "compell[ing] [any person] in any criminal case to be a witness against himself," the Court has applied this to pretrial questioning as well as to questioning of witnesses at trial -- not unreasonable, since otherwise the provision could be easily circumvented by forcing people to make statements before trial, and then introducing those statements into evidence against them. And the Court has generally held that the Amendment covers not just forced confessions ("I did it, and I'm glad"), but also forced statements that may indirectly suggest the person's guilt, or even that may lead to the discovery of evidence against him. Moreover, as Justice Stevens points out in his dissent, requiring a person to give his name will often lead to the discovery of evidence against him, especially when the police are asking precisely because they reasonably suspect criminal activity.
CON'T