Supreme Court to consider if silence can be evidence of guilt
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.
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.
I smell another 5:4 decision coming up.
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.
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.
That’s not evidence – it proves nothing.


