Yes, we're in trouble.
The Supreme Court changed the rules today. Miranda, as a functional object, no longer exists. Silence is no defense against self-incrimination; refusing to speak can be used against you as evidence of guilt. One must specifically invoke the 5th Amendment to get it’s protections. That’s my takeaway (with some support) from Salinas v Texas.That 's pecunium. There's more. You might want to make up cards with that sentence, in case you forget.
First thing to know, cops don’t have to remind you of your rights if they don’t arrest you. If they can deny that you were a suspect until you slipped up and gave them something suspicious, they can ask you anything they like. Under this new ruling your silence can be used against you. If you stop talking, that’s suspicious, and can be used by the prosecution to show a guilty mind. Moreover, the only way to get out of that is to say the magic words, “I am not talking to you because I have a 5th Amendment right to avoid saying anything which might be used to incriminate me”.[Emphasis added by me.]
Franz Kafka is guffawing. As are totalitarian (and authoritarian) regimes the world over. Why does the government hate our freedom?
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