OA Bar Prep with Heather! T3BE30
Added 2024-06-26 09:13:07 +0000 UTCThe answer for T3BE29 is coming your way, and we launch our next Bar Prep question with Heather! Submit your answers on Reddit.com/r/openargs, AND below!
Comments
BARMP!
lauren
2024-06-30 20:45:20 +0000 UTCI'm also going with A. Unfortunately, I know from personal experience that cops are allowed to fuck with you and don't have to remind you of rights they've already told you about. Bleh.
Kait from Seattle
2024-06-28 17:32:04 +0000 UTCIm going to buck the trend and go with D. But I'm choosing that with a caveat. Does the revelation of the death count as a form of coercion? Im 50/50 on it being coercive and if it is, then its D... which means its probably A because your laws are weird (im an Aussie) haha That said, its always best to ask for a lawyer, in the crazy way you need to now. Say nothing, call for a lawyer, if you cant stay silent, then repeat scientific terms or names like diprotodon, if you cant stay silent (although, once you start talking it can be hard to stop, which is the cops goal)
The Dinosaur Dave, Lego Streamer
2024-06-28 08:34:06 +0000 UTCI believe A is probably the correct answer for a couple of reasons. 1. The cops said, "Anything you say can be held against you", and confessing is certainly not not anything. 2. I'm pretty sure the Supreme Court has said you have to say you are exercising your right to remain silent because that makes sense.
I've put too way to much thought in to my patreon name, and this is what you get
2024-06-28 02:53:14 +0000 UTCA is correct. He was aware of his right to remain silent. He waived that right by speaking up. He could invoke it again by stopping but it won't claw back anything he said. He also had the right to an attorney but he didn't invoke that right affirmativly. As I understand, the Miranda warning is per custodial event, not per crime.
Michael Blank
2024-06-27 18:09:05 +0000 UTCCorrect answer aside: That cop is lying. Nobody died my man. Cops aren't the one making plea deals. They can promise you anything without any obligation to follow through. Do. Not. Talk. To. The. Cops.
Katie Herrmann
2024-06-27 04:55:25 +0000 UTCA. It's fair to assume the suspect actually knew his rights given that he said he understood and exercised the right to silence for two hours. Exercising a right doesn't mean you can't later waive it (so D is out). I'm assuming US rights more or less follow the common law confessions rule like we do in Canada, so voluntarily confessing to a known authority figure is fair game in court.
The 40-Year-Old 1L
2024-06-27 01:38:06 +0000 UTCI’m not a lawyer but based solely on the many afternoons I spent home from school, sick on the couch, watching Law & Order I think it’s gotta be A.
Linnea H
2024-06-26 22:26:18 +0000 UTCNot really an answer - just chiming in to share my amusement that the comma after the url was included in the url - "Reddit.com/r/openargs," links to a subreddit with 9 letters in it - "openargs" is 8 letters and the ninth letter is the comma. Link to the quiz: https://www.reddit.com/r/OpenArgs/comments/1douvu6/reddit_and_thomas_take_the_bar_exam_question_30/ And a link to the quiz's shadow clone: https://www.reddit.com/r/Openargs,/comments/1douvu6/reddit_and_thomas_take_the_bar_exam_question_30/ I feel like broken URLs are the brainfarts of the internet, and want to really approach them with loving joy, because they happen to everyone and they are as natural as typos - sometimes even more so, because it could even be a computer trying to be helpful and accidentally breaking everything. Sorry, computer
Purely Hypothetical
2024-06-26 20:04:54 +0000 UTCA seems straightforwardly correct and it's not a trick this time. B is irrelevant; Thomas is right that it might come up if the suspect makes a statement before the police have a chance to say anything, I think. C is nonsense, they don't need to tell the suspect twice. D is wrong; as we've learned "I want a lawyer, dawg" is not asking for a lawyer clearly enough, so just remaining silent is definitely not asking for a lawyer.
Sam
2024-06-26 17:57:20 +0000 UTCStraightforward answer A. Once he acknowledges his rights the cops are allowed to question, and they don’t have to force him to be silent or get an attorney if he doesn’t choose to exercise those rights. For B: it wouldn’t be suppressed if it was in response to a question (even if the police are lying). C applies maybe for a separate session? D is fun, implying that if I stay silent for an hour I can spout off to the cops with impunity. Don’t feel dumb for getting it right Thomas, you’re monologuing in real time and we’re all internet commenters with infinite time to consider each turn of phrase.
Colbin Erdahl
2024-06-26 15:03:25 +0000 UTCThe answer is A. I suspect this is going to be another "everyone gets it right," since it's so straightforward, unless there's some very obscure twist or exception they never bother mentioning on Law and Order.
The Deliverator belongs to an elite order, a hallowed subcategory.
2024-06-26 14:35:55 +0000 UTCThe answer is A, because ACAB essentially. He was mirandized and he was taken into custody, and isn’t due a reminder because he stayed in custody. He never asserted his right first a lawyer so he isn’t owed one. It really doesn’t even matter whether the police stated it as a question or if the clerk actually died or not, police are free to use any amount of deception or coercion short of physically laying hands on the suspect, and he waives his right to silence as soon as he stops being silent. Suspect forgot the second half of Shut The Fuck Up, which is saying the magic words “I want a lawyer” in a way that is plainly understandable to the officer (remember from a few years ago if you add a ‘dog’ in there that’s enough leeway for the police to pretend not to understand and deny you that right) and sadly he’s going to metaphorically or literally hang for it.
Test Ease Interpreter
2024-06-26 13:48:39 +0000 UTCThe answer is A. No because the suspect wauved his Miranda rights by making a statement. Police can question a suspect for much more than 2 hours and can lie during questioning, such as by stating that the clerk died, to get a confession without creating problems so there's no reason that a 2 hour interview and an honest statement of facts would invalidate the waiver of miranda rights.
EmprahBulborb
2024-06-26 13:45:14 +0000 UTCThree things. 1. I think you made this harder than it was, and the answer is A. He had the right to remain silent but didn't. I don't think they have to stop questioning him unless he asks for a lawyer to be present. At least that's what all the TV shows I watch tell me. 2. Of course when you get it right so do a lot of other people, we listen to you explain it! We have a great advantage over you, we have you walking us through the question and answer! 3, By day I'm in digital marketing, by night I listen to your podcast. As a digital marketer, I'm a little concerned about the way you're getting T3BE winners now. I think the initial reason for the contest was to get people to Tweet out, or Facebook share, the episode announcement. This was to get our followers to hear about you. By taking the winners from patreon and Reddit, you are losing that marketing opportunity.
Matthew from Talking About the Big Stuff Podcast
2024-06-26 13:44:39 +0000 UTCIt's definitely A. Police often use statements made in the back of the patrol car when the suspect wasn't even being questioned. When you are told you can remain silent, then you must remain silent because anything you say can and will be used against you. To my knowledge, the only time you can speak freely is when you are with your attorney and only your attorney in a room where you have a reasonable expectation of privacy.
Michael Rops
2024-06-26 11:40:25 +0000 UTCHe didn't ask for a lawyer, he indicated he understood his Miranda rights. I'm with Thomas. A
Eric Lehmann
2024-06-26 11:07:36 +0000 UTC
