5th Amendment Supreme Court ruling today

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willpayton

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I still havent seen a mention of this on the news channels. Granted I've been busy and havent been watching TV that much, but still. Has anyone here seen any media coverage?

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lykopis

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#58  Edited By lykopis

I can't believe it.

Not one bit of noise? Does something need to be on a loop in order to get a reaction?

Silence can be used against you as evidence of guilt -- pre-Miranda rights and pre-arrest. The initial interview, before charges are laid? Yeah, if you don't answer questions, it's admissible in court.

Does no one have a problem with this? Does anyone not realize that police can now prolong arresting someone and withhold the protection of their Miranda rights? Does no one think that the amendment which was put in place to deter police manipulation and foul play has now been stricken?

Wow.

I guess the only thing Americans care about is the second amendment - the argument the right to bear arms to protect citizens against a corrupt government kind of falters when other amendments which were put in place for the same reasons are just thrown away without a peep.

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judasnixon

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@lykopis said:

I can't believe it.

Not one bit of noise? Does something need to be on a loop in order to get a reaction?

Silence can be used against you as evidence of guilt -- pre-Miranda rights and pre-arrest. The initial interview, before charges are laid? Yeah, if you don't answer questions, it's admissible in court.

Does no one have a problem with this? Does anyone not realize that police can now prolong arresting someone and withhold the protection of their Miranda rights? Does no one think that the amendment which was put in place to deter police manipulation and foul play has now been stricken?

Wow.

I guess the only thing Americans care about is the second amendment - the argument the right to bear arms to protect citizens against a corrupt government kind of falters when other amendments which were put in place for the same reasons are just thrown away without a peep.

Oh god........ Can I move up to Canada with you? I'll sleep under your bed, or maybe build a blanket fort in your backyard. I can pull my own weight. I'll sell lemonade for money..........

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lykopis

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#60  Edited By lykopis

@judasnixon:

I don't have a backyard but don't let that stop you from making that blanket-fort! We can make cash on the admittance alone! Lemonade is awesome too -- plus, there is this place called the Angry Tomato that serves Cajun/Italian food fusions - you cook, I serve! :P

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cattlebattle

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How can you be convicted for something you didn't say?? Or how does silence imply guilt?? This makes no sense. Social structure, supreme courts and civil servants and just rules and people in general make no sense......

I wish I were dead 89% of the time....the other 11 is ok because I am probably drunk

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FadeToBlackBolt

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#62  Edited By FadeToBlackBolt

The issue that many are overlooking here is that something being treated as evidence doesn't actually mean you'll be convicted. If taken to Court and the Prosecution presents "silence" as a major indicator of guilt, then their case is pretty damn weak. Odds are if that's a key aspect, you won't even reach trial. And upon being put on the stand you need only say "I thought I wasn't allowed to speak" and the majority of the Jury would probably see themselves in the same situation.

It's an idiotic piece of legislation for sure, but I don't think it will be that much of an issue.

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willpayton

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#63  Edited By willpayton

The issue that many are overlooking here is that something being treated as evidence doesn't actually mean you'll be convicted. If taken to Court and the Prosecution presents "silence" as a major indicator of guilt, then their case is pretty damn weak. Odds are if that's a key aspect, you won't even reach trial. And upon being put on the stand you need only say "I thought I wasn't allowed to speak" and the majority of the Jury would probably see themselves in the same situation.

There are many reasons why the defense might not want to put that person on the stand. If he does get there, he might do more harm than good. Also, saying "I thought I wasnt allowed to speak" will be laughed at since you just finished answering a bunch of the police's questions.

But anyway, the case that brought this to the Supreme Court is exactly what you're saying wont happen. The person stopped answering questions and that was used as evidence to convict him.