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Re: First Amendment Right to not speak

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  • Michael
    ... One does not ask the opposition for permission to do anything. The case was presented for thoughtful expansion as one s imagination and determination will
    Message 1 of 6 , Jul 2 8:01 AM
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      --- In tips_and_tricks@yahoogroups.com, gary2666@... wrote:
      >
      > but I don't see it being accepted by either of those entities.
      > Can anyone cite a case or an IRS interview where this was used and
      > accepted as a justification for not answering questions? My
      > research capabilities are severely limited these days.

      One does not ask the opposition for permission to do
      anything. The case was presented for thoughtful
      expansion as one's imagination and determination
      will carry.

      Your research abilities are not all that is severely
      limited.
    • Legalbear
      The privilege against self-incrimination protects against governmental compulsion to answer questions, not against voluntary conversation. In situations where
      Message 2 of 6 , Jul 5 1:54 PM
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        The privilege against self-incrimination protects against governmental compulsion to answer questions, not against voluntary conversation. In situations where a person is free to speak or not to speak at all, the privilege is generally not applicable. Minnesota v. Murphy, ___ U.S. ___, 104 S.Ct. 1136, 1142-43, 79 L.Ed.2d 409 (1984). One exception to this general rule relates to statements obtained from suspects in police custody. Because custodial interrogation is ordinarily conducted by officers who are acutely aware of the potentially incriminating nature of the disclosure sought and because the custodial setting contains "inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely," statements obtained during custodial interrogation are constitutionally inadmissible unless the suspect has first been warned of his privilege against self-incrimination and his right to counsel and thereafter voluntarily, knowingly, and intelligently waives these rights. Miranda v. Arizona, 384 U.S. 436, 467, 86 S.Ct. 1602, 1624, 16 L.Ed.2d 694 (1966). The Miranda safeguards, however, do not apply "outside the context of the inherently coercive custodial interrogations" for which the safeguards were designed. Murphy, 104 S.Ct. at 1144, quoting Roberts v. United States, 445 U.S. 552, 560, 100 S.Ct. 1358, 1364, 63 L.Ed.2d 622 (1980).

         

        Statements freely made by an incarcerated defendant to an ostensible friend, who unknown to the defendant is acting as a police informant, are not the product of any sort of coercion, legal or factual, and for this reason are not made under the inherently coercive circumstances contemplated by Miranda. See Hoffa v. United States, 385 U.S. 293, 303-04, 87 S.Ct. 408, 414-15, 17 L.Ed.2d 374 (1966). In this case the defendant's conversations with Ross were freely entered into, as is obvious from the testimony of both Ross and the defendant, as well as from the uncontroverted fact that the defendant returned Ross' phone calls. Thus, the admission of the statements into evidence did not violate the defendant's privilege against self-incrimination. People v. Aalbu, 696 P. 2d 796 - Colo: Supreme Court 1985

         

         

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      • frogfrmr@frogfarm.org
        http://news.goldseek.com/GoldenJackass/1341518400.php This is a good list of elements of the Grand Scheme to destroy the middle class. Too bad they still are
        Message 3 of 6 , Jul 6 4:05 PM
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          http://news.goldseek.com/GoldenJackass/1341518400.php

          This is a good list of elements of the Grand Scheme to destroy the middle
          class. Too bad they still are mostly unaware. If only Americans knew the
          current lawful definition of the word "dollar" and acted as though they
          knew!

          Regards,

          FF
        • frogfrmr@frogfarm.org
          ... Entities need specially qualified people to speak and act for them, unless those requirements are waived for some reason, such as by agreement. I require
          Message 4 of 6 , Jul 7 3:48 PM
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            >
            > --- In tips_and_tricks@yahoogroups.com, gary2666@... wrote:
            >>
            >> but I don't see it being accepted by either of those entities.
            >> Can anyone cite a case or an IRS interview where this was used and
            >> accepted as a justification for not answering questions? My
            >> research capabilities are severely limited these days.
            >
            > One does not ask the opposition for permission to do
            > anything. The case was presented for thoughtful
            > expansion as one's imagination and determination
            > will carry.
            >
            > Your research abilities are not all that is severely
            > limited.


            "Entities" need specially qualified people to speak and act for them,
            unless those requirements are waived for some reason, such as by
            agreement.

            I require that all qualifications be fulfilled before I let anyone
            interrogate me, and if I'm in custody, I demand counsel be present, and he
            has to be qualified as well.

            Did I ever mention? Hardly anyone anywhere is qualified anymore.

            The game has been over for a long time, yet many continue to pretend to
            play. Someday it will be obvious to everyone, such as it became to those
            who once cowered in fear of the Commissar in the USSR.

            Regards,

            FF
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