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underpants

(181,703 posts)
Thu Aug 28, 2014, 09:49 AM Aug 2014

Court: Silence Can Be Used Against Suspects

Probably already posted but


http://abcnews.go.com/US/wireStory/court-silence-suspects-25000247


SAN FRANCISCO — The California Supreme Court has ruled that the silence of suspects can be used against them.


Prosecutors repeatedly told jurors during the trial that Tom's failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.

Legal analysts said the ruling could affect future cases, allowing prosecutors to exploit a suspect's refusal to talk before invoking 5th Amendment rights against self-incrimination.

"It's a very dangerous ruling," Zilversmit said. "If you say anything to the police, that can be used against you. Now, if you don't say anything before you are warned of your rights, that too can be used against you."

The state Supreme Court in a 4-3 ruling said Tom needed to explicitly assert his right to remain silent — before he was read his Miranda rights — for the silence to be inadmissible in court.

11 replies = new reply since forum marked as read
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Court: Silence Can Be Used Against Suspects (Original Post) underpants Aug 2014 OP
wtf? the miranda rights are for in case you don't already know them. phantom power Aug 2014 #1
You Don’t Have the Right to Remain Silent underpants Aug 2014 #5
That's complete bullshit... PoutrageFatigue Aug 2014 #2
Saw this in FB had the same reaction as you...but SCOTUS ruled same way last year underpants Aug 2014 #3
constitutional rights exist by default eShirl Aug 2014 #10
we are onethatcares Aug 2014 #4
How do you assert your right to remain silent other than being silent? Johonny Aug 2014 #6
BEFORE - that was the part that killed me underpants Aug 2014 #7
Freedumb™ Fries GeorgeGist Aug 2014 #8
Just a goddamn piece of paper. woo me with science Aug 2014 #9
kick woo me with science Aug 2014 #11

phantom power

(25,966 posts)
1. wtf? the miranda rights are for in case you don't already know them.
Thu Aug 28, 2014, 09:55 AM
Aug 2014

They aren't for giving goddamned permission.

Our entire country has lost its fucking mind.

underpants

(181,703 posts)
5. You Don’t Have the Right to Remain Silent
Thu Aug 28, 2014, 10:14 AM
Aug 2014

From a SCOTUS ruling last year. Link in reply#3

I completely agree with you phantom

From the Slate article:
Justice Samuel Alito blithely responded that Salinas was “free to leave” and did not assert his right to remain silent. He was silent. But somehow, without a lawyer, and without being told his rights, he should have affirmatively “invoked” his right to not answer questions. Two other justices signed on to Alito’s opinion. Justice Clarence Thomas and Justice Antonin Scalia joined the judgment, but for a different reason; they think Salinas had no rights at all to invoke before his arrest (they also object to Miranda itself).

 

PoutrageFatigue

(416 posts)
2. That's complete bullshit...
Thu Aug 28, 2014, 10:00 AM
Aug 2014

The fucking Miranda warning says, in it's very first words "You have the RIGHT to remain silent"....If you remain silent from the beginning of the interview/interrogation doesn't logic dictate that the RIGHT to remain silent has been invoked?

Surely this stupid, unconstitutional ruling is being challenged somewhere, right? RIGHT????

eShirl

(18,449 posts)
10. constitutional rights exist by default
Thu Aug 28, 2014, 12:20 PM
Aug 2014

it wasn't designed to be like a D&D wizard spell

"I cast Right to Remain Silent on myself!"
"Sorry, not quick enough."

onethatcares

(16,092 posts)
4. we are
Thu Aug 28, 2014, 10:13 AM
Aug 2014

nummer one, we are nummer one.

that pesky piece of paper don't mean shit anymore.

murica, home of the atlanta braves.

Johonny

(20,466 posts)
6. How do you assert your right to remain silent other than being silent?
Thu Aug 28, 2014, 10:33 AM
Aug 2014

So modern America that you have to speak about your desire to assert your right to remain silent in order to have the right to remain silent. It is like the Supreme Court needs to look up the definition of the word silent.

underpants

(181,703 posts)
7. BEFORE - that was the part that killed me
Thu Aug 28, 2014, 10:38 AM
Aug 2014

You are right. You have to speak to establish silence?

BEFORE - if the cop says "You..." and starts Miranda you are out of luck. You can talk (never helps) or just be silent which now can be used as an admission of guilt.

Link above - SCOTUS (guess which ones) ruled the same way last year.

Absurdity reigns.

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