Supreme Court to Hear Case That May Allow Silence to be Used as Evidence of Guilt

Generally, an individual has  right to remain silent, and his or her exercise of that right cannot be used against him in a court of law. However, some courts have found that in some circumstances, the government may be allowed to introduce a suspect’s silence as evidence of guilt. The Court of Criminal Appeals of Texas has held in Salinas v. Texas* that Mr. Salinas’ refusal to answer certain questions in a pre-arrest, pre-Miranda interview were not protected by the Fifth Amendment. You can read all the documents at SCOTUSblog.

The courts have previously determined that if someone is formally placed under arrest (or if they are informed of their rights), their Fifth Amendment protections would be preserved. Crimcourts has some concern that if someone’s silence can be used against them, regardless at what stage of a proceeding, then they are almost compelled to talk. That is, the suspect is given a choice to answer, or to have that silence used against them at trial. If they are to be punished for being silent, their testimony is compelled to some degree. Different courts have ruled differently on the issue, and the resulting conflict in the law was likely a prompt for the U.S. Supreme Court to accept the case to review and rule definitively on the issue.

*Salinas v. Texas, 369 S.W.3d 176 (Tex. Crim. App. 2012). http://www2.bloomberglaw.com/desktop/public/document/Salinas_v_State_369_SW3d_176_Tex_Crim_App_2012_Court_Opinion

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s