Eric
Posts : 9738 Join date : 2012-07-30 Age : 73 Location : Pensacola
| Subject: Claim your 5th Amendment right to remain silent. Tue Jun 18, 2013 1:34 pm | |
| Supreme Court Case - Salinas V. Texas The link above is a long read... but it explains exactly why you should claim your Fifth Amendment right to remain silent... not just clam up to an interrogation question. Clamming up to certain questions CAN and WILL be used against you as presumption of guilt. - Quote :
- A very small excerpt...
Salinas resolves a very deep circuit split involving a long-fuzzy area in the law of police investigations. I suspect that its green light to comment on pre-arrest silence impact will have a significant impact. That’s true for a few reasons.
First, it is relatively easy for the government to claim that a suspect’s reaction to an incriminating question suggests guilt — and very hard for a defendant to challenge that characterization. Over the course of a long interview, the investigator might ask dozens or hundreds of incriminating questions. If the case goes to trial, a smart prosecutor will ask the investigator if he thought that any of the ways the defendant reacted to the questions was a non-answer or pause that seemed to reflect an awareness of guilt. If the prosecutor can comment on a non-answer, presumably the prosecutor can also comment on a pause before an answer. The prosecutor will then ask about that during the direct examination, and the investigator will give his view that the defendant paused or looked nervous or declined to answer particular questions. The prosecutor can then focus on that before the jury, and there’s not much a defendant can do in response. Taking the stand would require the defendant to testify and let in adverse facts like prior crimes, which most defendants won’t want to do. So the government’s characterization will be tough to challenge, even if the investigator is being unfair in his characterization of the defendant’s acts. | |
|