So You Don’t Have a Right to Remain Silent

In  what seems to me a bizarre ruling, the Supreme Court ruled 5-4 in Salinas v. Texas that if you simply refuse to answer a question, that silence can be held against you at trial.  You can’t simply remain silent, you have to expressly invoke your Fifth Amendment right against self-incrimination.

It seems to me that if you refuse to answer, a prosecutor should not be able to use that against you before a judge or jury.  You shouldn’t have to say some “magic words” to receive your Fifth Amendment rights.

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2 comments on “So You Don’t Have a Right to Remain Silent

  1. momshieb says:

    Well, the way we are going with secret monitoring of our conversations, the government claiming the right to hold us indefinitely without charges and the use of drones all over the world, I find this hardly surprising. Appalling- yes. Surprising? Now.

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