TFred
Regular Member
Just ran across this case being heard at the SCOTUS today. Seems to contradict what we pass around as "common knowledge" on this board. I hope the court rules in favor of the Fifth Amendment.
TFred
"That is an issue that arises directly under the Self-Incrimination Clause, because it depends solely upon what the guarantee of silence means in a setting other than a criminal trial in court. The answer to that has drawn conflicting responses in lower federal and state courts, with ten of them ruling that the Fifth Amendment applies to silence before arrest and before police had a duty to give Miranda warnings, and almost that many courts ruling the opposite way. In the new case now before the Justices, the Texas Court of Criminal Appeals itself split, in a ruling allowing prosecutors to use silence in that context to try to prove guilt."
Salinas v. Texas
TFred
"That is an issue that arises directly under the Self-Incrimination Clause, because it depends solely upon what the guarantee of silence means in a setting other than a criminal trial in court. The answer to that has drawn conflicting responses in lower federal and state courts, with ten of them ruling that the Fifth Amendment applies to silence before arrest and before police had a duty to give Miranda warnings, and almost that many courts ruling the opposite way. In the new case now before the Justices, the Texas Court of Criminal Appeals itself split, in a ruling allowing prosecutors to use silence in that context to try to prove guilt."
Salinas v. Texas