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Supreme Court to consider if silence can be evidence of guilt
Al' Reuters ^ | Fri Jan 11, 2013 3:48pm EST

Posted on 01/20/2013 6:08:09 AM PST by Lazamataz

Supreme Court on Friday agreed to consider whether a suspect's refusal to answer police questions prior to being arrested and read his rights can be introduced as evidence of guilt at his subsequent murder trial. Without comment, the court agreed to hear the appeal of Genovevo Salinas, who was convicted of murder and sentenced to 20 years in prison for the December 1992 deaths of two brothers in Houston.

(Excerpt) Read more at reuters.com ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events
KEYWORDS: docket; donutwatch; fifthamendment; govtabuse; miranda; police; rapeofliberty; righttoremainsilent; salinas; scotus; silence; silent; stupidityidiocy; tyranny; waronliberty; whatsthepoint
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To: Erik Latranyi

You have the absolute right to testify in favor of yourself and to explain why you are innocent. Failing to do that reasonably suggests guilt.


81 posted on 01/20/2013 10:22:33 AM PST by NCLaw441
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To: Erik Latranyi

You have the absolute right to testify in favor of yourself and to explain why you are innocent. Failing to do that reasonably suggests guilt.


82 posted on 01/20/2013 10:22:37 AM PST by NCLaw441
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To: Erik Latranyi

You have the absolute right to testify in favor of yourself and to explain why you are innocent. Failing to do that reasonably suggests guilt.


83 posted on 01/20/2013 10:22:37 AM PST by NCLaw441
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To: Erik Latranyi

You have the absolute right to testify in favor of yourself and to explain why you are innocent. Failing to do that reasonably suggests guilt.


84 posted on 01/20/2013 10:22:45 AM PST by NCLaw441
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To: Lazamataz

Gee, any day now I’m expecting a letter from the office of the U.S. Army Quartermaster stating that ... since I have an unused spare bedroom ... I will hereby be required to house and feed four soldiers, at my expense. /s

The Third is about the only Amendment in the Bill of Rights that hasn’t been stomped on ... yet.


85 posted on 01/20/2013 10:27:48 AM PST by DNME (Without the Constitution, there is no legitimate U.S. government. Period.)
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To: Lazamataz

Silence IS an admission in Civil cases as well as criminal matters. It depends on the circumstances surrounding the silence when silence is followed in response to an accusation. Silence can be an admission by conduct: i.e. silence, flight etc.


86 posted on 01/20/2013 10:33:55 AM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: NCLaw441

Sorry for the multi posts.


87 posted on 01/20/2013 10:41:38 AM PST by NCLaw441
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To: NCLaw441; Pollster1
I don’t think the right to remain silent necessarily implies that one’s silence cannot be used against him.

Under criminal law, that is exactly what it means. A defendant's silence may not be used against him in any way. Standard jury instructions include language similar to the following:

Do not consider, for any reason at all, the fact that the defendant did not testify. Do not discuss that fact during your deliberations or let it influence your decision in any way.

88 posted on 01/20/2013 10:45:29 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: NCLaw441

If you actually believe that, be sure to state so loudly and clearly during voir dire so the court can excuse you from jury duty because you have no business on a jury. Our system of justice is based on the concept of “innocent until proven guilty.” The prosecution must prove guilt. The accused is not responsible for explaining why (s)he is innocent. The accused is presumed innocent.

Please rethink your position.


89 posted on 01/20/2013 11:01:16 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Bloody Sam Roberts
So...answer whatever questions they ask with non-commital sentences like, "I just can't seem to recall."

Officer pulls over a driver and asks, "Have you had anything to drink tonight?"

"I just can't seem to recall."

The jury would hang you alive on that statement.

90 posted on 01/20/2013 11:06:38 AM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Lazamataz

If the Court let’s this stand, could it not also be said that EVERY PUBLIC SERVANT including Every Police Officer in the US that refuses to answer questions about anything is hereby GUILTY of whatever accusation is made?? Sounds like it to me.


91 posted on 01/20/2013 11:14:22 AM PST by eyeamok
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To: Lazamataz

The best way to go is the Hillary Clinton way - - just repeat over and over, “I don’t recall.”


92 posted on 01/20/2013 11:14:58 AM PST by Lancey Howard
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To: Lazamataz

93 posted on 01/20/2013 11:22:15 AM PST by Slings and Arrows (You can't have IngSoc without an Emmanuel Goldstein.)
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To: NCLaw441
You have the absolute right to testify in favor of yourself and to explain why you are innocent. Failing to do that reasonably suggests guilt.

Not exactly a Constitutional scholar, are you?

94 posted on 01/20/2013 11:40:25 AM PST by Teacher317 ('Tis time to fear when tyrants seem to kiss.)
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To: sasquatch

Now they are attacking the 5th Amendment! I don’t think the naive liberals understand where the hell this is all headed unless O is trying to use sleight of hand to make us focus on a new issue while he changes the 1st and 2nd Amendments...


95 posted on 01/20/2013 11:50:07 AM PST by jsanders2001
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To: AEMILIUS PAULUS
No, silence is never an admission.

A defendant can assert his 5th amendment rights in a civil case just as he can in a criminal case. He does not admit liability or negligence by doing so.

The difference between taking the 5th in a civil case and a criminal case is that the jury in a civil case may infer negligence from the defendant's silence. The jury in a criminal case may not consider the defendant's silence for any reason and may not infer guilt.

96 posted on 01/20/2013 11:51:55 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: Lazamataz

So basically you would be forced to lie under oath thus committing perjury if you had to conceal some information to protect someone even if their intentions were honorable. The current CIC is probably one of the most dishonest and deceptive human beings to ever walk the face of this earth. Hopefully God and the spirits of long departed patriots will shorten his term.


97 posted on 01/20/2013 11:55:14 AM PST by jsanders2001
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To: BuckeyeTexan
Admission by silence depends upon the individual states evidence law. Last time I looked California allowed silence in upon the judges discretion. Admittedly it has been a while since I looked and California Appellate courts are goofy.

Since the Supremes are taking up the question means it is an issue, which means some jurisdictions allow it.

98 posted on 01/20/2013 11:58:11 AM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: RegulatorCountry

Texas is a conservative oasis.

However, we do have some liberal state attorneys. I don’t know the details of this case. I am curious why Texas took the position it did. I plan to look into it.


99 posted on 01/20/2013 11:59:46 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: AEMILIUS PAULUS

Respectfully, I think you are confused. There is a difference between the court admitting silence as evidence of guilt and the court considering silence as an admission of guilt. Silence is never an admission of guilt in a court of law.


100 posted on 01/20/2013 12:29:04 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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