[BuckeyeTexan]

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.

[AEMILIUS PAULUS]

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.