Supreme Court to consider if silence can be evidence of guilt

Comments (6)
BuffaloGirl wrote:

Legislation that would allow using silence as an indication of guilt is over reaching and thereby unconstitutional. There are many reasons why someone might not speak, fear of being wrongly accused being one of them – afraid that no matter what they say, it will be twisted into being a reason for a guilty verdict, so they remain silent. Using silence in this way is open to serious abuse.

Jan 11, 2013 4:35pm EST  --  Report as abuse
stambo2001 wrote:

This is complete and utter insanity, a blank cheque to imprison anyone. Protection against self-incrimination is a staple of law in North America. How by any stretch of the imagination could saying nothing be evidence of guilt? “Well your honor we have no evidence and no confession but please find him guilty because he did not say anything to us.” It is simply beyond comprehension that anyone would even consider this. More evidence that our society is decaying faster than we can keep up with it.

Jan 14, 2013 7:51pm EST  --  Report as abuse
borisjimbo wrote:

I smell another 5:4 decision coming up.

Jan 14, 2013 11:55pm EST  --  Report as abuse
Burns0011 wrote:

The right to avoid self-incrimination is a permanent, natural right. The Miranda warning does NOT have to be issued.

Further, the right to stand silent is NOT proof of guilt, it never has been, it never will be.

Jan 17, 2013 12:33am EST  --  Report as abuse
Terra_Banks wrote:

Usage of silence as evidence goes against everything the 5th amendment stands for!! There is no way the Supreme Court can fail to overrule this unconstitutional “evidence”. Maybe the guy won’t get out of jail, maybe they’ll give him a mistrial but I have full faith that the SC will not undermine the 5th amendment.

This is why you should never voluntarily talk to the police. Forget about being polite and cover yourself for legal action.

Jan 17, 2013 2:37am EST  --  Report as abuse
Overcast451 wrote:

That’s not evidence – it proves nothing.

Jan 18, 2013 11:29am EST  --  Report as abuse
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