Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
California
Related: About this forumYour silence may be admission of guilt
http://www.utsandiego.com/news/2014/aug/18/suspect-silence-admission-guilt-california-court/State high court puts suspects in Catch-22 situation
Your silence may be admission of guilt
By Steven Greenhut
3:44 p.m. Aug. 18, 2014
SACRAMENTO Those Miranda warnings that police read to suspects following an arrest are, as a California Supreme Court justice recently acknowledged in a dissenting opinion, a ubiquitous part of American culture thanks to TV crime dramas and cop shows.
You have the right to remain silent. Anything you say can and will be used against you in a court of law. But following the California high courts 4-3 ruling in a vehicular manslaughter case last Thursday, perhaps the Miranda wording ought to change given that anything you previously didnt say could be used against you, as well.
In People v. Tom, Californias Supreme Court justices upheld the prosecution of a man based on the district attorneys argument that the defendants silence was evidence of guilt.
The cop shows make these matters seem simple. A person is arrested. The officer reads the suspect the Miranda wording. Suspects can then clam up and wait for an attorney. In real life, though, these matters can become more complicated and legalistic.
--
Thought crimes? Orwell was correct.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
4 replies, 1291 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (6)
ReplyReply to this post
4 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Your silence may be admission of guilt (Original Post)
unhappycamper
Aug 2014
OP
snappyturtle
(14,656 posts)1. OMG!
rock
(13,218 posts)2. On a related note: my understanding of taking the 5th is
that the jury may draw conclusions based on your silence, which sounds odd to me as I wonder what the fifth is supposed to do for you?
antiquie
(4,299 posts)3. WTF!
A key element of the gross-negligence charges the allegation that Tom behaved without regard for the well-being of others was that he never asked police officers about the condition of Wong and her children.
tech3149
(4,452 posts)4. Damned if you do, damned if you don't!
Never assume that anything you say to police can not be turned against you. They are trying their best to find any indication of guilt or less than ultimate transparency.