Supreme Court Bombshell: No Right to Remain Silent

[BamaFanatJSU]

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.

 

[crimsonaudio]

never mind

 

[92tide]

Ha. I can't believe 92tide and Bamaro are missing this "spirit of the Constitution" stuff. I'm talking about the text and the original intent. But I guess the Constitution could contemplate a right not thought of until 1966.

i'm enjoying the spirit of orville redenbacher.

 

[TexasBama]

So we now have to invoke magic legal words in order to activate our 5th amendment rights. Gotcha.

So what are the magic legal words to invoke the 4th and protect ourselves from search and seizure?

Klattu, Barada, Nicto

 

[seebell]

Klattu, Barada, Nicto

I loved those movies!! Campy but funny.

 

[NationalTitles18]

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]

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?

 

[Tide1986]

Does it say criminal case or criminal court case?

Of course it says criminal case. It doesn't say in a courtroom, and it doesn't say during a trial.

 

[NationalTitles18]

Of course it says criminal case. It doesn't say in a courtroom, and it doesn't say during a trial.

It was a rhetorical question more than anything. Of course it doesn't say "criminal court case" or "criminal trial". She wording is much broader than that, with intent.

 

[NationalTitles18]

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?

Good luck with that!

 

[Tide1986]

Good luck with that!

Needless to say, I think BamainBoston's interpretation is rather warped.

 

[CrimsonProf]

Needless to say, I think BamainBoston's interpretation is rather warped.

Funny, because his interpretation is also that of the SCOTUS majority, as well It was also the interpretation of the court prior to 1966

 

[chanson78]

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.

 

[Bamaro]

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.

True, what you say can and will be twisted and used against you.

 

[crimsonaudio]

True, what you say can and will be twisted and used against you.

And apparently what you don't say, as well...