Constitutional Law
Sep. 5, 2014
Speak now or your silence may be used against you
An individual's failure to inquire about the well-being of the victims of his actions could be used against him by the government in its case-in-chief. By Reid J. Schar, Coral A. Negron and Kristin L. Rakowski
In August, the California Supreme Court issued one of the first decisions applying - and expanding on - the U.S. Supreme Court's holding in Salinas v. Texas (2013). In Salinas, the Supreme Court held that if an individual does not "expressly" invoke the Fifth Amendment privilege against self-incrimination in refusing to answer particular questions during a voluntary police int...
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