TOMapleLaughs Posted July 11, 2013 Share Posted July 11, 2013 From now on, as an American, if you want to remain silent, you sure as hell better say it loud. Your right to remain silent as expressly acknowledged by the Fifth Amendment to the U.S. Constitution has been seriously called into question following a recent rogue ruling by the Supreme Court. Citing an alleged suspect's refusal to speak during informal questioning by law enforcement, the highest court in the land has decided that Fifth Amendment protections do not apply unless individuals "expressly invoke" their privilege to remain silent. Predicated on the case of Salinas v. Texas, the Supreme Court recently declared that a young man who refused to speak up while being questioned by police about a murder is not absolved of his silence because he did not assert it prior to being questioned. The man's silence was used against him in a court of law in direct violation of the Fifth Amendment, and the Supreme Court affirmed this abuse, ruling that Fifth Amendment rights must be verbally invoked. According to reports, Genovevo Salinas had attended a house party, and on the following night two men were shot at the same house. Police asked Salinas to come down to the station for questioning, upon which he voluntarily agreed to hand over his shotgun for testing. At no point during this process was Salinas arrested, nor was he ever read his Miranda rights - the entire encounter was "off the books," so to speak, or so thought Salinas. Police officers baited Salinas to volunteer information that he was not required by law to share, coercing him into a situation where he no longer felt comfortable answering their questions. But rather than recognize his Fifth Amendment right to refuse further questioning, the officers used Salinas' refusal to speak as evidence against him in court, insinuating that his silence was an acknowledgement of guilt. Salinas tried to rebut this inappropriate action against him, but the Supreme Court ultimately sided with law enforcement's badgering and manipulation. Justice Samuel Alito was the first to reject Salinas' rights, claiming that he was "free to leave" at any time, and never "invoked" his right to remain silent. And Justices Clarence Thomas and Antonin Scalia affirmed this, going even further to suggest that Salinas had no right to silence in the first place. "[salinas] had remained silent, and the Supreme Court had previously made clear that prosecutors can't bring up a defendant's refusal to answer the state's questions," writes Brandon L. Garrett for Slate.com about the case. "This time around, however, Justice Samuel Alito blithely responded that Salinas was 'free to leave' and did not assert his right to remain silent. He was silent. But somehow without a lawyer, and without being told his rights, he should have affirmatively 'invoked' his right to not answer questions." 'Conservative' judges unilaterally nullify provisions that protect individuals from coerced incrimination Garrett and other commentators seem to agree that the Supreme Court's decision in the case is out of line. Some journalists have even come out to say that the Supreme Court has basically scrapped what little is left of the Constitution, removing key protections that guard against the types of police abuse and manipulation that lead to false confessions. "Guilty or not, suspects in the United States no longer have the right to remain silent," writes Joe Wolverton, II, J.D., for The New American. "If they remain silent ... that silence will now be interpreted as guilt and will indeed - despite what you see on television court and cop dramas - be used against that person in a court of law. Even, in fact, the highest court in the land." Link to comment Share on other sites More sharing options...
Magikal Posted July 11, 2013 Share Posted July 11, 2013 This is pathetic. 'Murica continuing its downhill slide. THey jailed a kid back in Feb. for posting a joke on a League of Legends game too. The kid is facing 8 years now even though he clearly wrote just kidding in his joke (joke was about shooting up a school). Now the courts are dissolving the constitutional rights of the people further and further every day. The founding fathers must be turning over in their graves. Link to comment Share on other sites More sharing options...
Where's Wellwood Posted July 11, 2013 Share Posted July 11, 2013 So remaining silent now means guilt. But if you speak out and in that moment of stress and confusion say something you didn't mean, or something that could be taken to mean something else, they'll use that against you too. So you have to explicitly say, "Under the Fifth Amendment, I use my right to remain silent!"? That's retarded. Silence can mean a hell of a lot more than guilt. Fright? Dread? Anyone would feel those feelings while being arrested, guilty or not. Innocent before proven guilty? Ha. Guilty before proven innocent is now the American way. Link to comment Share on other sites More sharing options...
Alchemy Time Posted July 11, 2013 Share Posted July 11, 2013 This is absolutely ridiculous. Link to comment Share on other sites More sharing options...
Dittohead Posted July 11, 2013 Share Posted July 11, 2013 Hope and Change. They are taking liberties and guns. Link to comment Share on other sites More sharing options...
rampage Posted July 11, 2013 Share Posted July 11, 2013 Wtf is up with America. So many of these things leave you scratching your head. The land of the free?? seems far from the truth. Link to comment Share on other sites More sharing options...
Rick Grimes Posted July 11, 2013 Share Posted July 11, 2013 Link to comment Share on other sites More sharing options...
aeromotacanucks Posted July 11, 2013 Share Posted July 11, 2013 in a few years next to you: the glorious land of the dear leader and great freedom of the "Soviet States of America" where the Silence silence YOU! Link to comment Share on other sites More sharing options...
kyledude Posted July 12, 2013 Share Posted July 12, 2013 Those prisons don't fill themselves. 'Murica is in trouble. Canada isn't far behind. Link to comment Share on other sites More sharing options...
:D Posted July 12, 2013 Share Posted July 12, 2013 Strength Through Unity Unity Through Faith Link to comment Share on other sites More sharing options...
Lancaster Posted July 12, 2013 Share Posted July 12, 2013 Any wonder why citizens want guns? The way government is eroding people's rights, the last line of defense is a firearm. Link to comment Share on other sites More sharing options...
theminister Posted July 12, 2013 Share Posted July 12, 2013 Hope and Change. They are taking liberties and guns. Link to comment Share on other sites More sharing options...
Lychees Posted July 12, 2013 Share Posted July 12, 2013 So how about playing the "Right to an attorney" card and refusing comment until so? Does that make you even MORE guilty in their eyes? Also someone want to play DA and explain why the right to remain silent is so good? Link to comment Share on other sites More sharing options...
Kryten Posted July 12, 2013 Share Posted July 12, 2013 Does anyone here know of any prisons for sale in America? Slavery is never a bad investment, especially if you are a heartless bastard. Link to comment Share on other sites More sharing options...
Amish Rake Fighter Posted July 12, 2013 Share Posted July 12, 2013 Does anyone here know of any prisons for sale in America? Slavery is never a bad investment, especially if you are a heartless bastard. Link to comment Share on other sites More sharing options...
Lockout Casualty Posted July 12, 2013 Share Posted July 12, 2013 Right wingers on CDC almost convinced me that guns are the only means of fighting against government oppression. Any time now, right guys? Link to comment Share on other sites More sharing options...
Matthew Lombardi 18 Posted July 12, 2013 Share Posted July 12, 2013 So how about playing the "Right to an attorney" card and refusing comment until so? Does that make you even MORE guilty in their eyes? Also someone want to play DA and explain why the right to remain silent is so good? Link to comment Share on other sites More sharing options...
Tortorella's Rant Posted July 12, 2013 Share Posted July 12, 2013 This is pathetic. 'Murica continuing its downhill slide. THey jailed a kid back in Feb. for posting a joke on a League of Legends game too. The kid is facing 8 years now even though he clearly wrote just kidding in his joke (joke was about shooting up a school). Now the courts are dissolving the constitutional rights of the people further and further every day. The founding fathers must be turning over in their graves. Link to comment Share on other sites More sharing options...
VancouverCanucksRock Posted July 12, 2013 Share Posted July 12, 2013 This is pathetic. 'Murica continuing its downhill slide. THey jailed a kid back in Feb. for posting a joke on a League of Legends game too. The kid is facing 8 years now even though he clearly wrote just kidding in his joke (joke was about shooting up a school). Now the courts are dissolving the constitutional rights of the people further and further every day. The founding fathers must be turning over in their graves. Link to comment Share on other sites More sharing options...
nucklehead Posted July 12, 2013 Share Posted July 12, 2013 ^ Nothing, but it doesn't deserve an eight year prison sentence. Link to comment Share on other sites More sharing options...
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