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[-] FireTower@lemmy.world 1 points 1 day ago

Great question. In theory/practice you can just shut up from square one. But asserting your rights by doing so in clear unambiguous terms for is advisable. Judges understand someone saying "I wish to invoke my right against self incrimination as protected in the 5th amendment" better than the do pure silence.

[-] FireTower@lemmy.world 2 points 1 day ago

7th amendment applies to civil suits. Judges may when common law doesn't govern. But that's limited. And criminal defendants must consent to bench trial by not contesting any of the facts.

[-] FireTower@lemmy.world 5 points 1 day ago

Movies are works of fiction not law. In America if you choose to temporarily waive your right to silence and speak to police you may at any point reassert that right.

I couldn't blame cinematographers for attempting to tell a story. But they are artists not lawyers.

You may talk to police that way in America but any good lawyer will tell you not to because the strength of the fact that your silence can't be used against you often will offend out weigh any defense you might argue.

When guilt must be proven absence of evidence is the defendant's friend.

[-] FireTower@lemmy.world 7 points 1 day ago

As an American this is an interesting comment.

Traditional American understandings agree with the notion of innocent until proven guilty and that rights exist regardless of accusations. But here it is not a judge but a jury of your peers who decides the facts based on evidence shown to them. Here judges decide matters of law not fact.

(Unless you choose to have a judge rule on the facts (likely because you are probably unpopular in your community because of the nature of the accusations and you feel it'd be more fair for a judge to decide the fact in your eyes))..

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American law outlines a series of protections for those accused of crimes but not yet convicted. (Like the 4th-6th amendments)

Does your country have any unique/novel protections of the rights of potentially innocent people accused but yet to be convicted?

If not are there any protections you think should be in place?

[-] FireTower@lemmy.world 3 points 2 days ago

I'm not sure what an exception could look like that wouldn't swallow the rule. Maybe a requirement for a minimum of a certain sq footage of undeveloped land. But that might not work in areas where many lots have a small amount of habitat land that together forms a larger habitat.

I think it might have merit on a municipal level in very urban areas but not on a state or national basis because of this.

[-] FireTower@lemmy.world 2 points 2 days ago

wild misinformation ads would be OK too...

Yes. Because the government is not the supreme arbiter of truth. If someone wants to put out an advert saying the sky is yellow they can. Our society functions on the principle that an open market of ideas will result in the best ideas prospering while a closed market of ideas would stifle new better ideas.

[-] FireTower@lemmy.world 5 points 2 days ago

This might not be the reason but in the US a lot of land is privately owned undeveloped land. If you taxed undeveloped land you may incentivize the destruction of habitats of a lot of wildlife.

[-] FireTower@lemmy.world 2 points 2 days ago

If the food pantries in your area are well stocked like they are in much of the US it's probably to ensure that homeless people are getting free non-expired food rather than free expired food.

[-] FireTower@lemmy.world 3 points 3 days ago

No need 1A speaks to that:

Congress shall make no law respecting an establishment of religion,

No need. America is a nation who's founder where largely of one religion but they ensured that no one religion should assert itself over others.

[-] FireTower@lemmy.world 2 points 3 days ago

And what crime passed by the federal legislature did they commit that wasn't in violation of the constitution (including BoR) in your opinion? Last I checked 1A is still there.

[-] FireTower@lemmy.world 3 points 3 days ago

I'd say pretty good. How often do you see the federal government passing a law that violates the rights of the American people? And when it does how often can you say that there isn't a constitutional violation in that law?

Additionally you say that like we don't enjoy many rights that our global peers don't. Like the right to a trial by jury in civil matters, to confront your accusor in a criminal trial, the many strict protections we have on searches, or the protections on political speech.

So many of the rights that document protect people take as granted. Most every violation of one of those rights can be declared to be because we have yet to enumerate that right or we haven't followed the rules the constitution imposed on our government.

[-] FireTower@lemmy.world 4 points 3 days ago

Having faith in politicians and liking a document designed to ensure the preservation of human rights & liberties are two different things.

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submitted 2 months ago* (last edited 2 months ago) by FireTower@lemmy.world to c/asklemmy@lemmy.world

I realize this is a broad question, but I'd be interested in personal anecdotes. Are they even common? (Obviously varies by county and region)

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submitted 3 months ago by FireTower@lemmy.world to c/news@lemmy.world

Nicolas Mayer-Rossignol, the Mayor of Rouen, which is in France's northern Normandy region, said no one was injured.

A security perimeter was set up around the large cathedral, which was built starting almost 1,000 years ago.

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submitted 3 months ago by FireTower@lemmy.world to c/news@lemmy.world
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submitted 3 months ago by FireTower@lemmy.world to c/news@lemmy.world
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submitted 3 months ago* (last edited 3 months ago) by FireTower@lemmy.world to c/news@lemmy.world

cross-posted from: https://lemmy.world/post/17027148

In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws.

Quick explanation for those too lazy for links, and haven't see the posts with different coverages.

What's Chevron?

  • Chevron was a judicial doctrine where upon review courts would have to accept any reasonable interpretation of an ambiguous law from gov agencies.

What's the Impact of it Being Gone?

  • These agencies can still issue ruling but courts don't have to accept them in cases when there is another reasonable interpretation.

https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf

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submitted 3 months ago by FireTower@lemmy.world to c/news@lemmy.world

MONTPELIER, Vt. (WCAX) - A Vermont man arrested in 2018 for allegedly flipping off a trooper has settled a lawsuit against the Vermont State Police.

In a lawsuit later filed by the ACLU, the group says that after he was detained and questioned, Bombard cursed and did give the trooper the finger. The trooper arrested him for disorderly conduct, a charge that was dismissed a year later.

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submitted 3 months ago by FireTower@lemmy.world to c/news@lemmy.world

The Federal Bureau of Investigation warned of a rise in scams linked to Mexican Cartels targeting older Americans and timeshare owners.

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submitted 3 months ago by FireTower@lemmy.world to c/news@lemmy.world
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FireTower

joined 1 year ago