Best Of

So about 2/3rds of them are transferring to sit on a bench at a different school. What's the point?

I understand what you are saying about someone not having the capacity to realise one may assert (or reassert) a right due to intoxication, and I understand your concern that the police may (or will) take advantage of said incapacity to gain information detrimental to the "suspect".

Practically speaking though, if the police were to perform tests to determine _capacity to proceed _with an investigation, that seems to me to be beyond the scope of typical field sobriety test used to determine whether one has committed a crime by being intoxicated, therefor the person should already be in custody, and beyond the point where Miranda notification is required. It's sorta a Catch 22 in that regard. If a person is being detained for suspicion of some crime, but they have to be detained for several hours until they sober up, then Miranda is required prior to sobering up, since they are detained.

Don't get me wrong, I'm not disagreeing that someone may be temporarily incapable of understanding the Miranda notice, but that just brings me back to my point. I believe Miranda has been around long enough that the vast majority (say 99.999%) of people in the U.S. know they have the right to remain silent, but the vast majority of those are incapable of exercising the right, sober or not. There seems to be an assumption that, because someone believes they are innocent (or justified), talking to the police will make the police understand they are innocent (or justified). Some people also believe they are smarter than the police (I'm looking at you, Bryan Kohberger), and they can talk there way out of a charge.

Contrary to the slogan on the side of many police vehicles, the police are not here primarily to Serve and Protect, they are here to respond to situations where a crime may have occurred, determine who is a suspect, and build a case that can be tried and decided beyond a reasonable doubt. Talking to the police, whether prior to arrest or after, very rarely can help, and most likely will harm ones chances to remain free.

Looks good!

Nice, but I bet that work was hard on your lower back.

Tough one today ^