Hmm, it seems to me that this can this be applied to JP, JA, HRC, Lois Lerner...anyone have any others they'd like to throw in? Even if not now, maybe sometime in the future.
WASHINGTON (AP) — The Supreme Court says prosecutors can use a person's silence against them if it comes before he's told of his right to remain silent.
LAW OFFICER TACTICS: The Right to Remain Silent (The When & How of Miranda Rights)
The 5-4 ruling comes in the case of Genovevo Salinas, who was convicted of a 1992 murder. During police questioning, and before he was arrested or read his Miranda rights, Salinas answered some questions but did not answer when asked if a shotgun he had access to would match up with the murder weapon.
Prosecutors in Texas used his silence on that question in convicting him of murder, saying it helped demonstrate his guilt. Salinas appealed, saying his Fifth Amendment rights to stay silent should have kept lawyers from using his silence against him in court. Texas courts disagreed, saying pre-Miranda silence is not protected by the Constitution.
The high court upheld that decision.
I truly hope Chaffetz and/or his family isn't being threatened. We know there are those who are not above doing so.
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cult_of_philanthropy ago
Hmm, it seems to me that this can this be applied to JP, JA, HRC, Lois Lerner...anyone have any others they'd like to throw in? Even if not now, maybe sometime in the future.
Pre-Miranda Silence http://lawofficer.com/archive/supreme-court-says-pre-miranda-silence-can-be-used/
WASHINGTON (AP) — The Supreme Court says prosecutors can use a person's silence against them if it comes before he's told of his right to remain silent. LAW OFFICER TACTICS: The Right to Remain Silent (The When & How of Miranda Rights) The 5-4 ruling comes in the case of Genovevo Salinas, who was convicted of a 1992 murder. During police questioning, and before he was arrested or read his Miranda rights, Salinas answered some questions but did not answer when asked if a shotgun he had access to would match up with the murder weapon. Prosecutors in Texas used his silence on that question in convicting him of murder, saying it helped demonstrate his guilt. Salinas appealed, saying his Fifth Amendment rights to stay silent should have kept lawyers from using his silence against him in court. Texas courts disagreed, saying pre-Miranda silence is not protected by the Constitution. The high court upheld that decision.
I truly hope Chaffetz and/or his family isn't being threatened. We know there are those who are not above doing so.