this post was submitted on 05 Jun 2025
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No Stupid Questions

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Shouldn't it be the default and not require the suspect/subject to actually ask for one? Has there ever been any attempt to make that the norm in any countries? I think the only question should be "do you have your own lawyer you like to use, or are you happy enough with the court-appointed one?"

I'm not even sure opting out should be allowed, but I'm open to hearing reasons why that would be a bad system, or indeed a worse system than the one most countries seem to have now. So many miscarriages of justice could have been easily avoided.

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[–] roguetrick@lemmy.world 30 points 2 days ago* (last edited 1 day ago)

That's the trick. An example is the am I being detained thing. A clock of reasonableness starts ticking as soon as you're detained until the detention is considered a potentially unlawful arrest, but that detention doesn't start until the officer tells you you can't leave. Also a cop has to have a valid reason to detain you or anything you say will be inadmissible in court. Until you ask that magic phrase, though, you're having a consensual encounter and everything you say(or not say) will always be admissible.