Every CHL class I've ever taught has included, as part of a
hand-out, a list of items that could prove helpful in Winning a
Gunfight. The list contains a collection of witticisms from
various unnamed sources. I point out that the list is intended to
be both entertaining, as well as informative. Before moving to
another subject, however, I encourage my students to read, understand and ALWAYS
follow the advice in last item, #25 on the list:
25. Say nothing afterwards except the Seven Magic
"I want to speak with my
In a recent decision, the SUPREME COURT OF THE UNITED STATES in
BERGHUIS, WARDEN v. THOMPKINS
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
No. 08–1470. Argued March 1, 2010— Decided June 1, 2010, changed the
rules - a little.
In their decision, the Court held that, to invoke your Fifth Amendment rights, you must
affirmatively request your lawyer, before an interrogation must legally
cease. Just remaining silent and saying nothing is not enough to
trigger your constitutional rights, under the Fifth Amendment.
It's still a fairly simple rule to remember:
Say, "I want to speak with my
attorney." and then
Life's so easy, when you let it be.