Supreme Court Bombshell: No Right to Remain Silent

BamaFanatJSU

1st Team
Apr 24, 2008
606
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Rainbow City, AL
I mean, if we are going to be constitutionalists in part, let's be them in whole. The Fifth Amendment says, that no one "shall be compelled in any criminal case to be a witness against himself.” When the question was asked, he wasn't arrested. He wasn't on trial. He wasn't even in custody. I see no problem with this ruling.
I completely agree with this assessment.

What everyone seems to be forgetting here is that the Supreme Court's job is to analyze the extent to which the lower federal court system interpreted the law, not determine guilt. Genovevo Salinas was found guilty by a jury of his peers, so if you honestly have a beef with this decision, go talk to the 12 people in Texas in 2007 that found him guilty due to his unwillingness to answer a question during a noncustodial police interview.
 

NationalTitles18

Super Moderator
May 25, 2003
20,530
13,995
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Mountainous Northern California
I mean, if we are going to be constitutionalists in part, let's be them in whole. The Fifth Amendment says, that no one "shall be compelled in any criminal case to be a witness against himself.” When the question was asked, he wasn't arrested. He wasn't on trial. He wasn't even in custody. I see no problem with this ruling.
Does it say criminal case or criminal court case?
 

Tide1986

Suspended
Nov 22, 2008
15,670
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Birmingham, AL
OK, the "right to remain silent" as we know it is a wholly judicial creation promulgated by the Supreme Court in Miranda. It is not a constitutional rule. The constitution only prevents you from having to actually testify in court when you are accused of a crime. The Supreme Court created a non-constitutional "prophylactic rule" in Miranda to bolster that constitutional protection. Because it's just a precautionary rule that the court just made up, they have expanded and contracted the right depending who is on the court. The most "conservative" position is that Miranda should be overturned and your right to remain silent returned to the courtroom whence it began.
So, I could confess to a crime outside of the room and then decide to plead the 5th during trial and have my confession blocked from being presented as evidence because of course I can't be compelled to be a witness against myself?
 

chanson78

All-American
Nov 1, 2005
2,747
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Huntsville, AL
This just reinforces what a lawyer friend once told me. If you are questioned or arrested by the police, never ever under any circumstance say anything other than to be genial and polite.