You Do Not Necessarily Have the Right to Remain Silent

In a lengthy write-up on a recent Supreme Court case, writers at Salon have detailed an unsettling ruling in Salinas v. Texas involving your Fifth Amendment rights: specifically, your right to remain silent. It's one of the most oft-quoted of all the rights and, according to the Supreme Court, it's not entirely true. Even if you're not under arrest and choose to not answer police questions it's not entirely true. At the very least, you have to verbally invoke your right to remain silent (which seems a little self-defeating.) It's a long piece, but very interesting and, in all likelihood, not getting enough publicity ...

1 Comment

Esther Aspling

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Esther Aspling commented…

Hmm. I guess I could see this happening. Something along the lines of 'interfering' with investigations if you remain silent.

http://forthisisthetime.com

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