Obstructions

Mar 25, 2009 11:03

"Obstructing Justice" is a felony punishable by 1 to 3 years in the Department of Corrections; however, obstructing justice is not:

A: Lying to the police
B: Telling the police to "f--k off"
C: Refusing to speak with the police
D: All of the above
E: A and B
F: None of the above
G: Some of the above, but only on Easter Sunday

And the answer is: C. Refusing to speak with the police is not obstructing justice. The Fifth Amendment's right against self-incrimination has been interpreted to include a declination to speak with the police. In other words, the famous "you have the right to remain silent" is good, black-letter law.

Obviously, A is obstructing justice. You can refuse to speak, but you cannot tell a lie (didn't your mother ever tell you that?). B is a risky proposition, depending on the officer and the prosecuting attorney.

law school

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