You Must Affirmatively Invoke Your Right to Remain Silent

JusticeThis is one of those rulings that only make sense to lawyers. Right to Remain Silent | Cornered Cat

In 2013, the US Supreme Court ruled (in Salinas v. Texas) that in a police investigation a person must specifically invoke their Constitutional right to remain silent. Otherwise the very fact that they said nothing in response to questioning may be used against them later in court.

So what should you do? Go read the whole thing.

One thought on “You Must Affirmatively Invoke Your Right to Remain Silent

  1. I remember reading that ruling once before, and while I understood why they came to it, I thought it was totally unfair to the defendant. But the legal system is rigged against the defendant anyway, in many ways. Jury nullification, while perfectly legal, is not allowed to be mentioned to the jury by the defense. And if the judge doesn’t like the verdict, in many cases, he can set it aside, and rule against it. Plus, the judge gives instructions to the jury before he or she sends them out to deliberate, that often makes only one verdict possible, whether guilty or innocent.


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