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Author Topic: SCOTUS: 5th Amendment must be invoked & silence CAN be used against you  (Read 1924 times)

MadZealot

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Quote from: sailor;112957
That being said, it's a ruling that is bad for the people, and for LE.

 
So, how to be good little sheep citizens and comply then?  

Easy.  If you ever have to speak with LE, begin by saying " 'scuse me, Officer, before we proceed I need to let you know that I am invoking my Fifth Amendment right.  So at any time I'm not talking, assume for the record I am exercising my Constitutional right."  
When the Officer asks why, smile sweetly and say "Salinas v. Texas.  It's just procedure.  Sorry."

Guess we'll have to go around shouting which Constitutional amendment or statute we're operating under at any given time.  
Problem is, yelling "Second Amendment!" in the wrong earshot could get you in some hot water.
Oh, is it time again to say "Fuck Trump gently in the ear with a swarm of pissed-off hornets?"?

Okay. Fuck Trump gently in the ear with a swarm of pissed-off hornets.

Skyth

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Quote from: sailor;112957
Well, sort of.  LE didn't force him to say anything. They used his evasion as evidence against him.  

In some ways this isn't all that different than existing law when it comes to actual court rooms. It's also in line with pre-Miranda rulings.  In a court, if you are called to testify, you must answer any questions asked unless 1) you invoke your 5th amendment right OR 2) the opposing counsel objects to the question (before you answer it).

That being said, it's a ruling that is bad for the people, and for LE.


During a trial that I watched, the judge made a point to mention several times that not testifying and not answering questions should not be held against the defendant or used as proof or suggestion of wrongdoing.

MadZealot

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Quote from: Skyth;112974
During a trial that I watched, the judge made a point to mention several times that not testifying and not answering questions should not be held against the defendant or used as proof or suggestion of wrongdoing.


Good that the judge said that.  
Bad that people need to be reminded.
Regardless of whether a guilty party hides behind it, the 5th is still a right for everyone, and exists as a safeguard against forced confessions and the like.
Oh, is it time again to say "Fuck Trump gently in the ear with a swarm of pissed-off hornets?"?

Okay. Fuck Trump gently in the ear with a swarm of pissed-off hornets.

Artim Sequoia

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Quote from: MadZealot;112977
Good that the judge said that.  
Bad that people need to be reminded.
Regardless of whether a guilty party hides behind it, the 5th is still a right for everyone, and exists as a safeguard against forced confessions and the like.

 
An innocent person has nothing to gain by talking as any defense attorney will tell you.  Cops and prosecutors aren't there to help you they are there to make arrests and convictions and they will twist whatever you say to suit their case.

MadZealot

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Quote from: Artim Sequoia;112978
An innocent person has nothing to gain by talking as any defense attorney will tell you.  Cops and prosecutors aren't there to help you they are there to make arrests and convictions and they will twist whatever you say to suit their case.

 
Bingo.
Oh, is it time again to say "Fuck Trump gently in the ear with a swarm of pissed-off hornets?"?

Okay. Fuck Trump gently in the ear with a swarm of pissed-off hornets.

sailor

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Quote from: Skyth;112974
During a trial that I watched, the judge made a point to mention several times that not testifying and not answering questions should not be held against the defendant or used as proof or suggestion of wrongdoing.

 
Regrettably I suspect that juries don't believe or heed such warnings.

That's also why this ruling hurts the poorly educated much more than more legally savvy folks.  

I suspect that it's a case that the Supremes wish had come up. Bad set of facts, bad outcome for everybody.

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