• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Basic Legal Rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

quincy

Senior Member
THIS THREAD WAS STARTED BY thomasfaulkner:

What is the name of your state (only U.S. law)? Pennsylvania

The subject of basic legal rights arose when I was watching Making a Murderer. How many people are actually familiar with the legal system, especially those who are middle-upper class?

In episode three of the 10-episode series, Brendan (Steven Avery's nephew) is arrested for confessing to being an accomplice in helping Steven Avery kill Teresa...but there's a catch. We can't figure out if Brendan is actually confessing to something, or if he's just confused by what the investigators want and therefore, telling them what they seem to want to hear.

During a phone call with his mother from jail, the Dasseys discuss how investigators want Brendan to give them another statement because of the "inconsistencies" between the original statement Brendan gave and what was said in the press. From there, Brendan asks his mother, "What does 'inconsistent' mean?"
For example, to turn to TV dramas, it's interesting that so many shows have shown a failure of kids AND sometimes even adults understanding their legal rights.

Everyone is entitled to basic law and legal definitions to better understand their legal rights. A textbook definition can be confusing and stressful for kids and students, and they're most likely going to then, only be studying/memorizing to get a decent grade, as opposed to learning.

In high school, I believe students should be taught at least the basics of the legal system (such as a legal glossary which gives examples in layman's terms to help students actually understand the terms in context (XXXXXXX) which can not only help students understand their legal rights but understand how the law works, period. Many schools fail to press on the legal system, and usually, if anything, only discuss the history of it but not necessarily how it works. In college, many schools don't require any type of legal education, either, so students are on their own to learn their basic human rights.

Did Brendan actually know his rights or did he just want to get the police "off his back so he could go home"? (Which, of course, he couldn't after confessing.) Is this a depiction of rural America, or are schools failing to properly educate students in the school systems? If Brendan had been taught the basics in school, would he have stood tall until he had an attorney, or would this have still probably happened anyway?
I agree basic law should be taught to students.
 
Last edited:


Zigner

Senior Member, Non-Attorney
By the time a kid gets to high school, absent some learning disability, s/he should know what "inconsistent" means.
 

Ohiogal

Queen Bee
Yes!! Lets!! What dimwitted show should we discuss?? :p


MobWives!! :eek:
Big Ang just died of cancer last week. Her funeral was this week.


Oh and google Street Law. That teaches kids the law. I have taught street law to kids. (Pro bono of course)
 

CdwJava

Senior Member
There are already too few educational hours for the mandates that are imposed (at least in my state), so adding MORE mandatory subjects would be kinda pricey! Not to mention that there are already a large number of high schoolers and college kids who "know their rights" (not!) and act is if they graduated from law school while getting nearly every legal procedure and term skewed. I can't tell you how many kids think I needed to let them go because i did not read them their rights, or that there's no way I could smell the weed in their car or the liquor on their breath so I lacked probable cause, or that I needed a search warrant before I conducted a search incident to arrest, ad nauseum. <sigh>

Oh, and I taught such a class in a high school. It was a popular elective, NOT a requirement.
 

justalayman

Senior Member
While I understand your cost points Carl, the truth remains, many, if not most people are severely lacking in understanding their rights well enough to avoid being caught up in a cops and prosecutors inquiries. We have a right to refuse self incrimination but as most of us know, a police interrogation has a way of making a person feel compelled to provide various bits of info if not outright confessing.

How many times have the police told a suspect; it will go easier on you if you just tell us...; we can't help you unless you tell us...

Yes, the police have a right to lie to a suspect but inferring they can control actions beyond what they actually do have the power to is beyond lying, it is a form of coercion.
 

CdwJava

Senior Member
While I understand your cost points Carl, the truth remains, many, if not most people are severely lacking in understanding their rights well enough to avoid being caught up in a cops and prosecutors inquiries. We have a right to refuse self incrimination but as most of us know, a police interrogation has a way of making a person feel compelled to provide various bits of info if not outright confessing.

How many times have the police told a suspect; it will go easier on you if you just tell us...; we can't help you unless you tell us...

Yes, the police have a right to lie to a suspect but inferring they can control actions beyond what they actually do have the power to is beyond lying, it is a form of coercion.
And the answer is ... impractical, incomplete, and expensive. But, heck, if the taxpayers are willing to foot the bill, I have no problem with it - I'd have more employment opportunities.

There are a great many things *I* would like to see taught in the school that are similarly impractical. If we start providing instruction in every perceived facet of modern American life, we may well have to extend the school year ... at great cost. But, as I said, if the taxpayers want to foot the bill ...
 

justalayman

Senior Member
And the answer is ... impractical, incomplete, and expensive. But, heck, if the taxpayers are willing to foot the bill, I have no problem with it - I'd have more employment opportunities.
Actually not all that expensive or imprsctical, at least to provide a primer for kids. In my state we have a rewquired class called government. It could be shoe horned into that class as practical applications of government. I could easily find s place it would fit within the class I took in high school without losing much of anything currently being taught


In addition I generally suggest everybody watch the video "don't talk to the police"

https://m.youtube.com/watch?v=6wXkI4t7nuc

The aclu also offers some decent educational videos as well.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top