- Apr 24, 2008
I completely agree with this assessment.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.
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.