In a major loss for individual rights vis-a-vis the police, the Supreme Court ruled 5-4 that prosecutors could use a person’s silence against them in court if it comes before he’s told of his right to remain silent. The prosecutors used the silence of Genovevo Salinas to convict him of a 1992 murder. Because this was a non-custodial interview, the Court ruled that the prosecutors could use his silence even though citizens are allowed to refuse to speak with police. It is of little surprise that the pro-police powers decision was written by Samuel Alito who consistently rules in favor of expanding police powers.The Price of Silence: Supreme Court Rules That Pre-Miranda Silence Can Be Used Against Defendant To Prove Guilt
Jonathan Turley | Shapiro Chair for Public Interest Law at The George Washington University Law School
See also, Don't Talk to Cops, Part 1 and Don't Talk to Cops, Part 2 (video).
One of the most idiotic decisions in the court's history. The potential for widespread abuse here is positively chilling.
ReplyDeleteReading the decision, the justices in the majority would have ruled the same even if the defendant had expressly invoked his Fifth Amendment right against self-incrimination.
ReplyDeleteI no longer believe there is any hope for this system.