Take that fifth: SCOTUS and self-incrimination.
Author | Shackford, Scott |
Position | Citings - Supreme Court of the United States - Brief article |
THE FIRTH Amendment declares that no person can be compelled to provide testimony against himself, and this typically means a person's unwillingness to do so cannot be used against him in a trial. But a June haling by the Supreme Court puts the burden on individuals to invoke this right if they are being interviewed by police but have not yet been arrested.
Genovevo Salinas agreed to answer questions from Houston police officers investigating a murder. He was not arrested and was not read his rights. When asked questions that could implicate a shotgun he owned as the crime weapon, he clammed up. He was subsequently charged with the crime, and his silence was used by prosecutors in the trial as evidence of his guilt.
Salinas challenged his conviction as a Fifth Amendment violation. The case...
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