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Pleading:

The Ninth Circuit "I plead the Fifth" opinion reminded me that people should plead other amendments more often.

When someone wants to stay at your house when he's visiting town, and you'd rather he didn't, you should plead the Third. (Special bonus if he's a government employee.)

When someone wants you to give him something for free, you should plead another clause of the Fifth.

When you're being told you shouldn't drink, and you want to, you should plead the Twenty-First.

Tony Tutins (mail):
Till now, at least, pleading the Second hasn't gotten anyone very far.
2.15.2008 4:17pm
BruceM (mail) (www):
Yeah but when you're pointing a gun at someone and they say "put the gun down" you should assert (no sense in pleading if you've got the gun) the Second.
2.15.2008 4:19pm
OrinKerr:
If your boss tells you he wants to you stay at work late, plead the Fourth.
2.15.2008 4:20pm
JKnowles (mail):
If someone tells you to stop acting like an idiot, can you plead the Ninth?
2.15.2008 4:29pm
W. J. J. Hoge:
When a boss has wanted me to work overtime without pay, I have pled the Thirteenth.
2.15.2008 4:38pm
arthur (mail):
If your employee asks for a raise between the regular revieew dates, plead the 27th.
2.15.2008 4:40pm
Duffy Pratt (mail):
Before posting an inane blog topic, one should always plead the first.
2.15.2008 4:51pm
The Cabbage (mail):
When you want your wife to consent to marital relations, you should plead incessantly.
2.15.2008 4:57pm
dejapooh (mail):
I'll always admired Pete Seeger for pleading the First when called in front of HUAC.
2.15.2008 5:05pm
UW2L:
The ways kids could plead various amendments to their parents are many and varied. The 1st for the name you called your little brother. The 8th for being sent to your room with no TV (after your 6th Amendment plea failed). The 13th for having to do chores... but watch out for the 16th lest your allowance get garnished.

Ooh, the searchable Calvin &Hobbes database doesn't have strips anymore (pleading Art. I, s 8, cl. 8 trumps pleading the 1st?). I was going to link to the strip where Calvin argues with Dad over Dad's term limits and who exactly wrote the constitution that made him Dad-for-life with no provision for impeachment or recall (answer: Mom helped some).
2.15.2008 5:08pm
CommentHer (mail):
Orin,

If it happens all the time, plead the Thirteenth.
2.15.2008 5:11pm
William Spieler (mail) (www):
Was this case discussed? I think that J. Bea's concur-in-part/dissent-in-part is wrong under Rhode Island v. Innis, 446 U.S. 291 (1980).

Anderson claims the Fifth, then the police show Anderson the video, then Anderson asks for a lawyer, then Anderson says that he'll respond to the video.

Innis says: "It must also be established that a suspect's incriminating response was the product of words or actions on the part of the police that they should have known were reasonably likely to elicit an incriminating response."

Given that it's hard to view the confession as anything but the result of showing him the accomplice testimony, which is certainly an "action on the part of the police that they should have known [was] reasonably likely to elicit an incriminating response."

Fine, his right to counsel wasn't violated, but I don't see how his rights under Miranda weren't. I mean, yeah, he initiated the second interrogation, but only because he had been interrogated illegally in the first place.

I would think that even under the lenient review of AEDPA, California failure to exclude the evidence was "contrary to, nor an unreasonable application of, clearly established federal law." Then again, I don't practice AEDPA law.

And even if "I plead the Fifth" is ambiguous pace J. Tallman and J. Callahan, I still don't see why the interrogation didn't end at the first "I don't even wanna talk about this no more," which was clearly in reference to the murder.
2.15.2008 5:13pm
Kim Scarborough (mail) (www):
Seems like teenagers could really use these alternate pleadings. One could plead the Fourth if a parent started looking through his room, or the Sixth if she was told a nasty rumor about herself, and of course the Eighth if your parents told you you had to clean out the gutters because you were out too late (or the Thirteenth if you were grounded).
2.15.2008 5:22pm
Kim Scarborough (mail) (www):
Heh, I started typing that before UW2L's post.
2.15.2008 5:23pm
wt (www):
If you're a state government being sued in federal or state court, plead the Eleventh!

Oh wait.
2.15.2008 5:35pm
one of many:
all this talk of kids ignores the 7th amendment,

"Did you break X?"
'I plead the 7th."

"What happened to that full tank of gas last night?"
"I plead the 7th."
2.15.2008 5:56pm
Anderson (mail):
Anderson claims the Fifth, then the police show Anderson the video, then Anderson asks for a lawyer, then Anderson says that he'll respond to the video.

Hey, it wasn't like that at all.
2.15.2008 6:02pm
Asher Steinberg (mail):
One of the puzzling features of this opinion is that, while the introduction and parts of the opinion that deal with the law say that Anderson said "I plead the Fifth," the actual quote given in the background is "I plead the [F]ifth." What did he really say? 'Ifth'? Maybe the officer's response to Anderson's pleading of the '[F]ifth' - "plead the [F]ifth. What's that?" - indicates a genuine misunderstanding. On another note, some of the dialogue in the interrogation sounds like it's lifted from a bad 50s movie:

Officer: You act like you're cryin' like a baby, an'
you can't cry for someone that was a no
good . . . an' you killed him for a good
reason!

Anderson: I have nothin' to worry about, nothin' to
hide. That's why I show no remorse.
Nothin' to worry about, nothin' to hide.
He was my friend, an' there's no way I
would do it. No, way I would do it.

or a surreal stoner comedy:

Officer: Were you high that day?
Anderson: No, sir. I — probably was later on. Yes.
Officer: Did you have any dope with you that . . .
that day?
Anderson: No, sir.
Officer: No, dope at all? What do you smoke
with?
Anderson: I smoke with my . . . my fingers.
Officer: When you smoke your dope what do you
do with that? How do you smoke that?
Anderson: You smoke it with pipes and stuff like
that.
Officer: Okay. What kind of pipes?
Anderson: Lines.
Officer: What kind of pipes?
Anderson: N'ah . . . I would — I —
Officer: Well, what kind of pipes?
Anderson: Uh! I'm through with this.
2.15.2008 7:21pm
Steve2:
Asher, my guess is that someone originally wrote down "I plead the fifth", and the [] indicate that someone else has subsequently made that "I plead the Fifth". Which is why when I plead things, I plead the 5th.

Anyway, the talk of pleading other amendments reminds me of the good old "Third Amendment Rights Group Celebrates Another Successful Year" from the Onion.
2.15.2008 7:54pm
Dave N (mail):
Anderson claims the Fifth, then the police show Anderson the video, then Anderson asks for a lawyer, then Anderson says that he'll respond to the video.

Hey, it wasn't like that at all.
At least our Anderson is much, much brighter than his homonymic doppleganger.
2.16.2008 2:15am
Peter Wimsey:
A textualist would plead the Vth.
2.16.2008 3:34pm
BU2L:
To paraphrase Dave Chappelle, maybe he plead the Fiiii-ty-fi-ifth which was subsequently changed to [F]ifth.
2.17.2008 3:12pm