Speak Your Silence

It is not enough to remain silent when questioned in order to invoke one’s right to remain silent. As of Berghuis v. Thompkins and Salinas v. Texas the supreme court ruled that simply remaining silent is not enough for silence not to be used against someone in court. One must explicitly state the reason they are remaining silent, and that it is because of their Fifth Amendment right to remain silent in order to protect themselves from later misuse.

Category: misc