Quote:
Originally Posted by covey ridge
Miranda is just a bunch of magic words that once said allow the police to continue to violate the accused rights. With Miranda the interrogation continues till the lawyer shows up to take his client. If an accused is coerced into a confession, too bad so sad but he was given his Miranda.
Both Miranda and the Charter allow the right to have a lawyer present. Any lawyer in the US or here will not allow an interrogation to continue unless he/she makes a deal.
Miranda advises the right to a lawyer and the charter requires that the officers say you have the right to retain and instruct council without delay.
There are check and balances and this case demonstrates those checks and balances and this case demonstrates those checks and balances in action that allowed the judge to rule against the confession.
I am not surprised that you find the cops at fault because the accused walked . I don't fault them in this case and think they did what they could.
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Yes, you get to talk to a lawyer - on the phone. The lawyer is likely going to tell you to remain silent, and stay silent. But wouldn't it be nice if we could have a lawyer present during custodial interrogation - if you get arrested today, and end up spending hours being interrogated - you do not have the right to have an attorney present during that interrogation. The Charter doesn't provide for that, it's just you and the cops.
This has been through the supreme court.