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Showing posts with label Fifth Amendment. Show all posts
Showing posts with label Fifth Amendment. Show all posts

Monday, July 1, 2013

Supreme Court: We Must ‘Expressly Invoke’ Our Rights to Have Them Upheld

In order to have your rights upheld in this country, do you now have to officially announce them out loud?Melissa Melton

Earlier this month, the same Supreme Court who found thatAmericans can be strip searched during an arrest for any offense also found that a person’s silence can, in fact, be used against him if he does not officially announce that he is invoking his Fifth Amendment right to remain silent.

The Atlantic Wire reported:

Basically, if you’re ever in any trouble with police (no, we don’t condone breaking laws) and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. ‘Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question,’ reads the opinion from Justice Samuel Alito, which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented. [emphasis added]
(Notice Justice Alito referred to our Fifth Amendment right as a “privilege” — Isn’t it wonderful that these people are appointed to their positions for life?)

Wednesday, June 19, 2013

Supreme Court Decides: Anything You Don't Say Can and Will be Used Against You


Daisy Luther

Everyone knows that when building a police state, it’s vital to strike a few Constitutional rights off the books. Now, we can add the right to remain silent to the graveyard of the American justice system.  

How can you expect the people to be properly subjugated with all those pesky freedoms that the Bill of Rights blathers on about?

The would-be totalitarians can chalk up another victory, because the Supreme Court has made the decision that if you opt to remain silent, that silence can (and will) be used against you in a court of law.

Jasper Roberts Consulting - Widget