The courts have always been loathe to convict someone from self incrimination until they can be satisfied that things were done fairly- that is why confessions cannot be accepted into court evidence until they have been proven to be truly “voluntary.”

 

What about acts instead of words? I have always been concerned about the practice of some police forces in telling (not “asking”, which would not be legally problematic), an accused in the breath room at the police station to take the cellophane off the new mouthpiece and insert it into the breath tube- to me, it is a command to assemble the machine that will largely convict the person.

 

I hope to get a chance to argue about this practice in 2017.

Stay safe everyone and enjoy Christmas.

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