The Supreme Court Decided Your Silence Can Be Used Against You

Started by Cat, June 17, 2013, 04:27:29 PM

Previous topic - Next topic

0 Members and 1 Guest are viewing this topic.

Cat

http://news.yahoo.com/supreme-court-decided-silence-used-against-161934950.html

QuoteA nation continues to wait for final word on the Supreme Court's Big Four cases this term — voting rights, affirmative action, DOMA, and Proposition 8 — but the justices' closest decision arrived first on Monday, in a 5-4 ruling on Salinas v. Texas in which the conservative members of the Court and Anthony Kennedy determined that if you remain silent before police read your Miranda rights, that silence can and will be held against you. Here's what that means.

Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. "Petitioner's Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer's question," reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented. 

If you invoke you Fifth Amendment rights , you're no longer silent. It's a catch-22.

Tessera

Unconstitutional. It goes against our Miranda rights.

The USA really is starting to turn into a fascist shithole.

Buy guns, folks. And learn how to use them. Trust me on this.

Trying to reason with a Trump supporter is like trying to describe a certain color to someone who has always been blind.  ~ Tessera

ChaosArcher

Quote from: Tessera on June 17, 2013, 06:50:07 PM
Unconstitutional. It goes against our Miranda rights.

The USA really is starting to turn into a fascist shithole.

Buy guns, folks. And learn how to use them. Trust me on this.

I agree, however California is becoming more and more restrictive regarding guns each passing day.

-ChaosArcher

Farrell McKinsie

More people should exercise their right NOT to speak, not be penalized for it!!  Shame on all the Justices who voted pro this. The Bill of Rights, as we know then, should never require invoking them. They should be taken for granted that they ARE invoked. Period.
If only the good die young, then I must be one bad ass, cause I sure as hell ain't no youngster