Dummies talk about a Supreme Court decision. Gnads chimes in with advice.

[dane]

http://www.democraticunderground.com/10023033214#post3


Mon Jun 17, 2013, 12:25 PM
pokerfan (25,616 posts)

Did we just lose the right to remain silent?
So now we don't have 5th amendment rights until we're Mirandized?

Supreme Court: Pre-Miranda silence can be used as evidence of guilt

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.

Prosecutors in Texas used his silence on that question in convicting him of murder, saying it helped demonstrate his guilt. Salinas appealed, saying his Fifth Amendment rights to stay silent should have kept lawyers from using his silence against him in court. Texas courts disagreed, saying pre-Miranda silence is not protected by the Constitution.

Gnads (the attorney) offers advice, which should not come as a surprise.

nadinbrzezinski (121,563 posts)
13. When detained, before Miranda, demand a lawyer
That's the best...and yes.

Now comes a poster who obviously is not familiar with the power of the 'iggy' list.

msanthrope (16,895 posts)
18. Very bad advice. Very. You should INVOKE your 5th and 6th amendments
at the same time. If you invoke the 6th without the invocation of the fifth you are still up shit's creek.
Please stop giving out incorrect legal advice.

The dude is doomed.

[USA4ME]

pokerfan

Did we just lose the right to remain silent?

There's a right liberals need to be putting into practice 24/7/365/forever.

.

[GOBUCKS]

Whenever democrats discuss contact with the police, their entire conversation consists of how to avoid cooperation.

It's one of the reasons any place crawling with democrats is sure to be a hellhole.

[Airwolf]

So now her new name can be Perry Masonry?