Due Process of Law: Crash Course Government and Politics #28 

You guys should do an entire crash course on law.

No fair for using Phoenix Wright as clickbait.

Do keep in mind that if you ask the cops for coffee you are in effect waving your right to remain silent and have to reestablish that right otherwise they can start interrogating you.

Please please please create an accreddited course you guys would make so much money and I would love to learn through this channel.

Crash Course PLEASE CLARIFY!!! Miranda rights only apply if the police are questioning you AFTER an arrest. Police can ask you questions prior to arrest. Upon being arrested AND upon being questioned you shall be advised of your rights. Simple equation (Arrest + Questions = Miranda). Understand the terms "Custodial arrest" and "Consentual contact".

Phoenix wright liked this video

A small nitpick when you say to ask for a lawyer if you are under arrest and nothing else: You must verbally indicate that you are indeed invoking your right to silence or the police are allowed to continue to question you.

I like Craig as Arthur Dent in the thought bubble :-)

The U.S. Constitution is a brilliantly drafted document that is worthy of studying and adoration.

Many states have found and allowed a loophole in the fourteenth and fifth amendments, particularly the "shall not seize property without due process of the law," in the form of Civil Forfeiture. Civil Forfeiture is when the police don't try and accuse you of a crime, they try your property and accuse IT of a crime. All the police need to prove is that the property could of been used, or might in the FUTURE be used in a crime. So, the police find you driving around with a large amount of cash in your trunk (which they found after a drug sniffing dog got false positive on your car for drugs), the police can take your money and then use it to boost their department budgets. It is then up to the person who's property was taken by the police to prove their own property is innocent. While I doubt the constitutionality of the practice, since it is taking your property without due process of law and using your property for public service without just compensation, no one has yer brought an appeal against Civil Forfeiture to the Supreme Court.

Love the Phoenix Wright reference (also I hope Capcom brings the Great Ace Attorney over here)

None of this matters if the police aren't educated well enough to know this stuff themselves. Police receive more shooting training than they receive civil rights training. The fact that police can get away with murder also means none of this matters because the police will never be punished for ignoring all your rights.

YES PHOENIX WRIGHT I LOVE YOU GUYS

Did they get a bigger eagle? I'd like to see them doll an anvil up as an eagle and have Craig take a punch at it. Not really, I enjoy Craig's episodes. But, an eagle-anvil would be pretty neat!

In the UK you can bring private criminal prosecutions, but it's rare.

PHEONIX WRIGHT

I really love your videos. I'm sure I would have dropped out of school much sooner had I seen your videos earlier. however there bees some misinformation in this episode. The video says right to counsel applies only to felonies. correct test = any jail time as punishment. Also the video implies the 14th amendment applies the grand jury requirement to States when it dont.

I thought that the Miranda warning was only required to be given before *interrogation* (even though anything said to the police after arrest but before any Miranda warning can still be used against a suspect).

Actually they only need to give you the Miranda Rights before questioning you, not when they first take you into custody. And since many states have you sign a document stating that you understand your rights, and that's hard to do in handcuffs behind your back, it's rare to be told them beforehand. But just because they haven't told you them doesn't mean they don't apply, if you start chatting your head off on the way to the station that can still be used as evidence even though you haven't been read your rights yet.

Thanks Craig.

And all of that doesn't matter if you are accused on college campuses.

Haha Red Flag law. Haha Castle Rock v Gonzales and DeShaney v Winnebago.

Thank you

Miranda warning only applies for custodial interrogation, not for an arrest. just to help all of you law enforcement majors studying for a test.

Will be using this in my class!!!

One comment wrong in this video, which is a myth perpetuated by tv. Police do not have to read Miranda as soon as they arrest you. They only must read Miranda prior to asking investigative questions, which could take place back at the station well after your initial arrest. Also administrative questions can be asked prior to Miranda, "What is your name, address, etc"

7:40 I wonder if it's better to have a heavily flawed and corrupt system, or no system at all?

Great job! Thank you! Quick and painless!

U guys should do European history. Plez!! :)

When my husband filed for a divorce I thought that it would be easier to hire an attorney than to study the law. I was wrong. Attorneys don't have to represent the party's interests and use the entire body of the law to wave the rights of an entitled party. I was successful in firing two attorneys. The first, Bonnie Shields, asked to appoint a guardian ad litem to me - but didn't understand the scheme. She used old and outdated methods. I filed a request to accept her resignation before she filed her motion suggesting that I'm a paranoid schizophrenic and that she is very concerned. Magistrate Moss had Shields dismissed right away. The second attorney asked to move my case to Judge Angela Arkin - who refused to fire him and also appointed a guardian ad litem in unrecorded hearings through misconduct. I filed a request to accept his resignation before the GAL was appointed, again spoiling the scheme. The idea behind the appointment of a GAL is that the attorney can wave the legal entitlements of the party, but the party won't be able to fire them because only the GAL can appeal on her behalf. I now had to study not only statutes, court procedures and Rules of Professional Conduct, but also the Colorado Appeals Rules - and all with a stressful schedule as Judge Arkin was rushing. My husband is allowed to deny the domestic assault of 10/11/13 because the judge prevented me from entering the courtroom as his case was sealed - so I was in fear for my life and too injured to move out of the marital home. Magistrate Moss let me reside there while proceedings are on. I discovered that the West Law Series is extremely easy to understand. There is nothing about the law that is complicated. There is not much left of the law either - each time a judge suspect that the Law of the Land contradicts her kickback and bribe potential she informs a justice. The Court Improvement and other committees immediately pass new court rules and local laws to avert the danger of decreased litigation or pro-se representation. Study C.R.C.P 15(4) (replace the C for Colorado with the first letters of your state). In the case of pro-se litigants the judges don't record hearings and issue fabricated arrest warrants to prevent appeals. Court's clerks are supervised by the judicial district's chief judge and are expected to endorse fraudulent documents. My friends who hired attorneys went down faster and stronger than I did. Going pro-se kept me in the marital house for another year - extremely important considering all the fractures and skeletal injuries from the deniable assault. I also enjoyed the monthly maintenance that Magistrate Moss prescribed and medical care. In the end, Judge Arkin held illegal hearings and did illegal things and I didn't get half of the marital home or half of the marital estate or any financial compensation for my injuries. The attorneys and judge are enjoying these. But I was going to get a lot less if I had not fired Bonnie Shields and Robert Wolf timely. Please write congress - disassemble the judicial branch and save billions weekly on appointments by judges. Why pay billions if they don't uphold the law at all? Replace with DORA regulated magistrates - no judges, no attorney of record and no justices. A more complete plan on my page.

I would have brought up about being detained. you can't just get up and walk away from the police when they tell you to "come talk to me"

You guys should do something on litigation, and the us legal system... Or is there one already 👀

3:12 "Aww sick, that's BMO. Lemme see"

And if the police finds a vast amount of cash on you they can arrest the cash and if you want it back you'll gonna have to prove that the cash is not guilty of any crime.

Jurisprudence. Jurisprudence. Jurisprudence. ... Jurisprudence.

Nobody ever talks about the 3rd amendment.

I need to correct you where you suggest that a person ask if they are under arrest and if the officer responds no they are free to leave. If a police officer reasonably suspects you of committing a crime they can detain you for a reasonable amount of time in order to conduct the proper investigation, whether that be frisking, asking questions, or doing a show up with the victim. Precedent for this was set in Terry v Ohio. Just follow orders that police give you, and do not act like you know their jobs better than they do. If you do not believe you are being treated properly by police you get their name and badge and make a complaint or go see a lawyer.

I'd rather have some guilty people free than some innocents in prison or on the chair.

you stated that police must tell you that you have the, "right to remain silent." The only time miranda is required is when there is custody and interrogation....... If I arrest a person an dont question them regarding their crime, I dont have to read miranda.......

what :O no eagle punching :O you betrayed us all, j'accuse.

Using Phoenix Wright instead of Godot aka the coolest goddamn prosecutor in the history of humankind? Instant dislike.

damm you i should be the first , hold it!

FEENICKS RIGHT!!!

like goes to the ACE ATTORNEY! or I can call Gyakuten Saiban!!

I have been told by the police chief that the police don't have to read the Maranda rights anymore. Is this true... Or not?

So does double jeopardy not apply to things that won't cause you to lose your life or a limb? Like if I committed fraud and they couldn't prove it the first time but then they got more evidence, could they reopen the case? Or is fraud a civil violation?

If you get stoped ask am I under arrest? If they say no walk away if they say yes stare at then creepily

Actually it is never worth saying anything to the police no matter your guilt unless it is regarding an alibi.

Craig Benzine Do you think Trump will get far? The Netherlands has a similar politician that spoke his mind, but he did not deliver much

wait, double jeopardy only apply for the same crime? so phoenix wright (and every law base tv show) is wrong when they say double jeopardy is when you cant be trial for a crime after you being convicted with another crime... now i'm going to watch this crush course to see what misconception i have about the law no thanks to law video game and tv show...

buuut buuut what about strickland v washingtonnnnnn???

I'm only an expert in bird law.

i wonder if any high profile lawyers play ace attorney

Thank you!!!!! I will try to remember to not ask for coffee when am I get arrested.

OBJECTION! See, the real point of discussion here is whether it's a stepladder or simply a ladder. Or... is it a folding ladder?

Clicked for Phoenix Wright.

Objection! Phoenix Wright uses the old Japanese legal system! Damn clickbait!

Saw Phoenix Wright in the thumbnail and I instantly clicked this

Education is always the solution, but why have socialism if these advances can be misused when order is not around. Socialcentricism defines the upmanship in competition, cause socially the issue will never be justified by judiciaries, which checks the the state in which the misconduct took place. Socialcentricism is discriminating by social levels through social order, not social equality. A new act must be placed in the Constitution for all states to obey

Pretty sure my best friend decided she wanted to become a lawyer after playing Ace Attorney....Thankfully she realizes court doesn't work like the game. But it should.

This stuff is quality. I don't know a thing about law and am taking an onl class for aviation law. I am glad this guy can explain this stuff. I am learning more from these videos than the course.

I wish to exercise my right to use a magatama saturated with magical spirit medium powers in conjunction with a bracelet that allows me to sense habitual twitches when people lie and a necklace fitted with the ability to perceive and categorize human emotion in order to defend myself in court.

Eventually, one of the CC science series will get around to telling us about Dew Process and the circle will be complete.

That is partly how it works, you can't just walk away, after being told "you are not under arrest" if there is indication a crime was committed or being committed and an officer is conducting an investigation or fact finding. And there is indication you are a participant or witness. You are compelled to stay.

I love watching Craig's videos in 0.5 speed because he sounds like hes drunk! :)

~95% of comments: "OBJECTION! PHOENIX WRIGHT CLICKBAIT!" The remaining ~5%: "Yeah, you should probably also ask if you're free to leave if you ask if you're arrested and they say no."

Don't ask for coffee... Fingerprints, man! On the coffee cup. That is just indirect self-incrimination, but that is allowed. Don't talk to anyone, but also don't touch anything. Give them nothing to use against you.

Dear Crash Course, Thank you for the amazing work you do. I have learned a tremendous amount about the world we live in through your videos. You a awesome group of people, I just wish there were organisations like yourself doing similar work for the UK. I know that most of the topics you cover are not specific to the US e.g. the sciences but it would be great to learn about government and politics of here. Thanks and keep doing what your do

Pop quiz: Does this really work for every and any US citizen???

Tis better that 1000 guilty people go free than one innocent person go to prison!

OBJECTION! #AceDetective and #ImAWeeaboo

Objection! I'm first...

You can be detained without arrest. When this happens it is often for the purpose of investigation and you can not leave. For instance, if you match the description of a suspect who just committed a robbery only a block away, you can be detained until they can determine if you are the person they are looking for. You are not under arrest, but at no time during this process can you walk away.

What the fuck. You're not a Greene.

Phoenix Wright!

Love these videos! Very informative and helpful. Keep em comin!

Nerding out because of Phoenix wright 😂

This was not very sound legal advice. Whether or not the police must mirandize you is based on very specific circumstances. This is only required if you are in custody and they ask you a specific question about a specific crime. It is possible to be legally arrested and never be read your miranda rights. Also, being arrested and being detained are two different things. If you have been arrested you are going to be charged with a crime. You do not even need to go to jail immediately for a crime that warrants an arrest. Individuals may be released on their own recognizance if they are deemed not to be a flight risk. If you are detained you are still not allowed to leave the officer's presence, but are not necessarily going to be charged with anything. While it is important that we as a society hold law enforcement accountable, the time to do it is not while you individually are the subject of an investigation. Most people are not well educated when it comes to criminal procedure and can get into more trouble than they already are if they try and challenge the police.

we should really get lawers to play law games. they should play some law games.

I love your videos Craig!! But you did not punch the hawk today! are you okay??

I'm a simple person. I see Pheonix Wright, I click.

Only watched this for Phoenix Wright in the thumbnail

Stan has some good puns. Crash course in general has a lot of content that can be super helpful as well as entertaining, like great puns. Thanks Stan! And thanks Craig!

My teacher showed this to us This video is very helpful!

I aint gonna lie, I watched because I saw Phoenix.

Don't forget about the presumption of innocence!

State cannot be plaintiff, there is no way for them to prove you are physically located IN the state/plaintiff and that its codes apply to you. They do not abide by due process.

If your intention is to make the listener understand the subject,why you talk so fast ? It hinders comprehension and defeats your purpose.

So why doesn't the Fifth Amendment bar civil forfeiture?

When you speed up the video to 2x, you can see that the camera bobs up and down.

Love having Mr. Wright in there. But no Mr. Edgeworth?

You lost me at *potential and *terrorist. Flimsy stuff. If that's a precedent, then there isn't one.

Very much fascinated with Crash Course.

online school 2020

Its a shame that poor toy eagle doesn't have any protection.

Phoenix Wright is in your thumbnail!? OMG!

One thing to consider about maranda rights is that if the police have no interest in questioning you then they do not have to tell you your rights when arresting you. So you may not be told your rights until you get to the station or perhaps even later.

can you do an episode of the indefinite detention clause without trial, of the 2012 national defense authorization act?thanks!

*sees Phoenix Wright* *clicks*

pfff procedural protectors.... explain the far lands then!