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Author Topic: A 14 Year Old Kid Was Jailed For Building A DIY Clock  (Read 3683 times)

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Marvey

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #90 on: September 17, 2015, 11:23:11 PM »
Quote from: OJneg on September 17, 2015, 11:20:15 PM
Did you read the link I posted? Looks like the Supreme Court determined that such a situation was a detainment and threw out his confession. Congrats on being a tough guy though

You shifted the argument.
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OJneg

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #91 on: September 17, 2015, 11:25:33 PM »
Quote from: Marvey on September 17, 2015, 11:22:43 PM
What's your point? What law enforcement did not was illegal.

Your original question what whether law enforcement is allowed to question minors without their parents or a lawyer present; not whether statements made under these circumstances by minors is admissible as evidence in court.

So then any sort of written statement they got out of him during that questioning would be inadmissable in court then. You agree?


Quote from: Marvey on September 17, 2015, 11:23:11 PM
You shifted the argument.

How so?
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Marvey

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #92 on: September 17, 2015, 11:28:10 PM »
Because your original question was whether law enforcement is allowed to question minors without their parents or a lawyer present; not whether statements made under these circumstances by minors is admissible as evidence in court.

Cops can do whatever the fuck they want to question/interrogate so as to act upon information. Just if that information is given in custody while person has not been read Miranda, such information cannot be used against them. 

Quote from: OJneg on September 17, 2015, 11:25:33 PM
So then any sort of written statement they got out of him during that questioning would be inadmissible in court then. You agree?

Yes, including any spoken statements, not just written. They could have read him his Miranda rights. We don't know what happened.



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Anaxilus

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #93 on: September 18, 2015, 12:05:11 AM »
They 'should' have read him his rights when the nature of the questioning changed. That's why the link I posted talks about when an investigation turns into an interrogation.

In legal terms, there are things called "Bright line standards". Clear delineations where burdens shift, change, expectations arise, etc. as to not obfuscate or fall prey to rampant abusive misinterpretation or misapplication. Agents of the court should be aware of these (relative to their own work) as a given like a Mickie D's burger flipper knows how to make Big Mac. 

https://en.wikipedia.org/wiki/Bright-line_rule

That's how a defense attorney can invoke failure of Prima Facie and get a case thrown out post haste.

https://en.wikipedia.org/wiki/Prima_facie

Feel free for any BAR certified folk to correct me where necessary.

As an aside, we had to apply Miranda over in the sandbox as protocol.
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kevin

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #94 on: September 18, 2015, 02:24:47 AM »
Quote from: OJneg on September 17, 2015, 11:20:15 PM
Did you read the link I posted? Looks like the Supreme Court determined that such a situation was a detainment and threw out his confession. Congrats on being a tough guy though

That's not what you said. You said "Five officers and senior school officials in closed room with scrawny 14-year old might just be detainment. Kid wouldn't have thought he could walk out of there."

Now you're saying that the kid thought he couldn't walk out because of a Supreme Court decision? Where's your evidence that he knew of the decision? Or I should say, your interpretation of the decision.

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Deep Funk

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #95 on: September 18, 2015, 09:56:47 AM »
This thread took quite the turn.
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rschoi_75

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #96 on: September 18, 2015, 12:46:57 PM »
Quote from: Deep Funk on September 18, 2015, 09:56:47 AM
This thread took quite the turn.

This basically sums up the site. So much valuable information sprinkled in between pre-school sandbox fights like this (I'm not immune either...lol). What an interesting, and bi-polar website this is. For what it's worth, I see valid points in both OJNeg's and Marv's arguments. One thing's for sure.... it ain't the 80's & 90's no more.
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Judeus

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #97 on: September 18, 2015, 02:02:50 PM »
looks liek something from RSA lmao...

I think i see an audioquest cable in their too :)p13 :)p13
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Marvey

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #98 on: September 18, 2015, 03:36:00 PM »
This kind of stuff won't happen on the new site. TheGame has been instructed to kill these kinds of threads. Consider these threads the last gasps of Changstar.
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Marvey

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Re: A 14 Year Old Kid Was Jailed For Building A DIY Clock
« Reply #99 on: September 18, 2015, 03:47:05 PM »
But while we are at it, feel free to start burning the place down.
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