IGX

WASHINGTON —
The Supreme Court says prosecutors can use a person's silence against them if it comes before he's told of his right to remain silent.

The 5-4 ruling comes in the case of Genovevo Salinas, who was convicted of a 1992 murder. During police questioning, and before he was arrested or read his Miranda rights, Salinas answered some questions but did not answer when asked if a shotgun he had access to would match up with the murder weapon.

The Fifth Amendment protects Americans against forced self-incrimination, with the Supreme Court saying that prosecutors cannot comment on a defendant's refusal to testify at trial. The courts have expanded that right to answering questions in police custody, with police required to tell people under arrest they have a right to remain silent without it being used in court.

Prosecutors argued that since Salinas was answering some questions - therefore not invoking his right to silence - and since he wasn't under arrest and wasn't compelled to speak, his silence on the incriminating question doesn't get constitutional protection.

baffled wrote:I'm not surprised that turd doesn't get the problem here.

Turdacious wrote:

baffled wrote:I'm not surprised that turd doesn't get the problem here.

There are two problems-- one is that Salinas committed double murder. But let's just ignore that...

baffled wrote:

Turdacious wrote:

baffled wrote:I'm not surprised that turd doesn't get the problem here.

There are two problems-- one is that Salinas committed double murder. But let's just ignore that...

Who said we're ignoring that?

He had voluntarily gone to a police station with officers to talk about the murder of two brothers in 1992. He was not under arrest, and was not in custody, so he had no right to “Miranda warnings” telling him that he had a right to silence.

He answered almost all of the officers’ questions, but simply sat silent when the officers asked him if shotgun casings found at the scene would match his gun. He acted very nervous in response, but said nothing. Prosecutors used the fact that he said nothing to help convince the jury that he was guilty.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.