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U.S. Supreme Court Overturns 5th Amendment - Ruling Compels Citizens To Talk

Started by Dawn Heart, June 19, 2013, 03:24:51 AM

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Dawn Heart

The court has said in a NEW ruling that THERE IS NO RIGHT UNDER THE 5TH AMENDMENT TO REMAIN SILENT WHEN QUESTIONED BY POLICE. "Popular misconceptions notwithstanding," the Constitution "does not establish an unqualified 'right to remain silent,'" said Justice Samuel A. Alito Jr. Alito went on to say that the 5th amendment is not a right, but, a privilege.

http://www.latimes.com/news/nationworld/nation/la-na-court-miranda-20130618,0,2851519.story

What this ruling means: A defendant may use their 5th amendment right in a court room during a trial only, and at any other time prior to being at trial, any and all conversations with police are not only fair game as evidence against you, but your invocation of your 5th amendment right in any way, shape, or form, is also evidence of guilt. The court said you can invoke your 5th amendment right, but that your silence is also evidence of guilt. This ruling in and of itself was exactly what the founding fathers were trying to prevent, and now it has happened. The new U.S. Supreme Court ruling is equal to legal compulsion to incriminate oneself, except in a court room during trial. 



There's more to me than what I thought
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Jamie D

Quote from: Dawn Heart... but your invocation of your 5th amendment right in any way, shape, or form, is also evidence of guilt.

No, the opinion of the Court does not say that at all.  In the case, Genovevo Salinas did not invoke his right.  From the LA Times article:

But the Miranda decision covers only suspects who are held in custody and are not free to leave.

In the Texas case, Salinas was asked to come to the police station, and he agreed to do so. "All agree that the interview was noncustodial," Alito said, so the police were not required to read him his rights under the Miranda decision.

And although Salinas had a qualified right to remain silent under the 5th Amendment, a suspect must invoke his rights and say he wants to remain silent, the court ruled Monday.

Salinas "alone knew why he did not answer the officer's question, and it was therefore his burden to make a timely assertion of the privilege," Alito said.


I am a civil libertarian and Constitutional originalist.  I don't see this decision as diminishing the 5th Amendment in any way.  Mr. Salinas should have gotten up and left.
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Cindy

Can I ask what this topic has to do with a trans*support site that is Internationally based?
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Chloe

Quote from: Jamie D on June 19, 2013, 04:49:33 AM
No, the opinion of the Court does not say that at all.
Thx Jamie D for that excellent, well written, explanation! :police: Phew !!

I know the U.S. is in imminent danger of deep trouble . . .
but, LOL, don't they usually pull this kinda crap on countries like Australia first ????

Quote from: Cindy. on June 19, 2013, 04:51:57 AM
Can I ask . . .
Cindy, well since you brought it up, >:-) do YOU have the "right to remain silent" ??
How many here have spent time in JAIL ?

5 I have set her in the center of the nations, with
countries all around her.

6 And she has rebelled against my rules by doing
wickedness more than the nations, and against my
statutes more than the countries all around her; for
they have rejected my rules and have not walked in
my statutes.

7 Therefore thus says the Lord God: Because you are
more turbulent than the nations that are all around you,
and have not walked in my statutes or obeyed my rules,
and have not even acted according to the rules of the
nations that are all around you,

8 therefore thus says the Lord God: Behold, I, even I, am
against you. And I will execute judgments in your midst in
the sight of the nations.

9 And because of all your abominations I will do with you
what I have never yet done, and the like of which I will never
do again.


( Oh BTW Ezekiel 5 is not referring to "trans wickedness", I'm
appalled I even have to say this, not to say "we" are unimportant . . .

For a "discussion" of what God has to say about the "neutered gender caste" . . .
goto  •Isaiah 56: and •Matthew 19:11 for a good start !!! )
Quote"Behold, I am a dry tree." . . . because of the kingdom of heaven. The one who can accept this should accept it." . . . I will give in my house and within my walls a monument and a name better than sons and daughters; I will give them an everlasting name that shall not be cut off.
LOL pun intended? You decide . . .

This is NEAT STUFF yer 5013c Church Minister doesn't want you to see !!
( Footnote: It's "Kingdom" Hilary Clinton!!! Not "Queendom"!! lol I consider it very sad what that American reduced King Edward VIII and the British Throne to! )
"But it's no use now," thought poor Alice, "to pretend be two people!
"Why, there's hardly enough of me left to make one respectable person!"
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