Supreme Court to consider if silence can be evidence of guilt

Al' Reuters ^ | Fri Jan 11, 2013 3:48pm EST

[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.

[Lazamataz]

If this surprises you in ANY way, YOU HAVE NOT BEEN PAYING ATTENTION.

We are 100% the Soviet Union at this point. Probably have been, since the 1990's.

[RobertClark]

Then the point of Miranda would be........? This is almost amusing, it flies not only in the face of Miranda, but also the 5th amendment.

[Lazamataz]

S**t, dawg, you already know the outcome of THIS case:

'Silence is the ultimate indicator of guilt, and anyone who is silent, will be deemed guilty of the new crime, "Concealment of the Truth, Aggravated, in the First Degree." '

[Lazamataz]

While the system flops over from a Representative Democracy with some human rights, to a Tyranny with no human rights, there will occasionally be a few logical contradictions like these. Don’t worry; they will get them all straightened out. Of course, we won’t live to SEE it, but they will.

[Pollster1]

How can this even be a question? The Supremes in their very own Miranda Decision articulated "the right to remain silent". If that action is punished with an assumption of guilt, then it is not a right. As a rule-of-law conservatism, not the lynch-the-accused fiction created by far left extremists, I find that reprehensible.

Fifth Amendment: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

[trebb]

Vee are going to ask you some questions. You will respond, "Yes" in answer to all the questions. If you do not respond, "Yes" in answer to a question, there will be verrrrrry serious consequences...

I guess the next step is to determine that silence is an indication of guilt even if you aren't being considered suspect in any crime.

[TomGuy]

Thomas More in A Man for All Seasons:

More: ... the maxim is 'qui tacet consentire'. The maxim of the law is: 'Silence Gives Consent'. If therefore, you wish to construe what my silence 'betokened', you must construe that I consented, not that I denied.

[JZoback]

I am not surprised the SCOTUS will hear the case....the 5th U.S. Circuit Court of Appeals let this “silence as guilt” into evidence and hopefully the court will throw out this ruling...

It is the SCOTUS job to clean up lower courts screwed up rulings...

Let’s hope they don’t muddy the waters on the 5 th amendment

[Lazamataz]

I can tell you haven't been paying attention.

No offense, just an observation.

[PGalt]

Prosecute POSOTUS (Benghazi, Fast & Furious, etc., etc.) and 535 in congress.

TREASON - in real-time, pre-meditated, in-your-face, unquestioned, abetted, unchecked, continuous, ongoing...

We are being triangulated by TOTALITARIANS. Check$ and Balance$.

Thanks for posting, Laz.

[chesley]

Then the point of Miranda would be........? This is almost amusing, it flies not only in the face of Miranda, but also the 5th amendment.

Only a lawyer could even come up with this position.

Before the Fall, I don't know if God needed courts in heaven, but if He did, you know what Satan's profession was.

[mountainlion]

This would prove Boama guilty!

[Rodamala]

You only have the right to remain silent after the LEO reads you that right? Hahahahahah! This is rich. If I am going to be treated as guilty... gosh... maybe I ought to at least do something... I got it... lets get drunk and take a Rigid pipe citter and deadhead some parking meters.

[snoringbear]

“Then the point of Miranda would be........? This is almost amusing, it flies not only in the face of Miranda, but also the 5th amendment.”

Yeah, it would be amusing if Roberts had not taken a dive on Obama Care. Who’s to say which way this guy will go in the future. He wouldn’t be the first Supreme to turn after be selected.

[Lazamataz]

Nossir. There is guilty, when WE are silent, and then there is innocent, when OBAMA is silent. The quicker you understand that, the fewer of your family members need to die!

[PapaBear3625]

It is common sense to not talk to police, except in consultation with your attorney, if there is any possibility that the police are looking at charging you with anything.

[spodefly]

The 5th Amendment was always kind of silly anyway, right?

[Kozak]

“observers are reaching the conclusion that the American system of government is broken,” Seidman wrote. “But almost no one blames the culprit: our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions.””

Louis M Seidman
Constitutional Law Professor
Georgetown University

[Erik Latranyi]

If you refuse to incriminate yourself, you are guilty, Guilty, GUILTY!!!!

[P.O.E.]

Mark 15

....The chief priests accused him of many things. 4 So again Pilate asked him, “Aren’t you going to answer? See how many things they are accusing you of.”

5 But Jesus still made no reply, and Pilate was amazed.