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Libertarian and freedom forum.
‘Dirty cop’ tests limits of Fifth Amendment privilege
submitted 1 year ago by bnc from abqjournal.com
[–]iamonlyoneman 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 0 fun4 insightful - 1 fun - 1 year ago (0 children)
In America, a person under criminal suspicion has a constitutional right to remain silent, as the Miranda warnings promise. In criminal cases, a suspect’s silence cannot be used as evidence of guilt. But Ruiz-Cortez’s lawsuit was a civil case. And in civil cases, the federal Constitution allows the jury to assume that when a witness invokes the Fifth Amendment instead of answering a question, it’s because honesty would be a confession.
In America, a person under criminal suspicion has a constitutional right to remain silent, as the Miranda warnings promise. In criminal cases, a suspect’s silence cannot be used as evidence of guilt.
But Ruiz-Cortez’s lawsuit was a civil case. And in civil cases, the federal Constitution allows the jury to assume that when a witness invokes the Fifth Amendment instead of answering a question, it’s because honesty would be a confession.
THIS is the real problem. It's a right or it's not. This halfass recognition of a right to not incriminate yourself because of a paperwork shuffle chaps my ass
[–]iamonlyoneman 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 0 fun4 insightful - 1 fun - (0 children)