Damned if you do, damned if you don't

[Dannyboy]

When you're arrested anything you can be used against you. Now, in California, anything you don't say can be used against you, as well.

http://news.msn.com/crime-justice/court-silence-can-be-used-against-suspects

Also, if Sacramento is the state capital, why is the CA Supreme Court in San Fran?

[freakazoid]

Prosecutors said Tom's failure to ask about the Wong family while detained showed his guilt.

 

[Northwoods]

So, what ever happened to the 5th??

/s

[vaskidmark]

First SCOTUS says that simply remaining silent is not enough - you have to say out loud that you are invoking your privilege to remain silent.

Now CASC says that the prosecutor can make inferences about what you do not say.  "Ladies and gentlemen of the jury, not only did the defendant not ask about the health and welfare of the family whose car he allegedly ran into, he failed to inquire about the progress of the fight against Global Warming and finding a cure for dandruff.  If ever there were indications of callousness and utter disregard, that was it."

Let my silence about the thinking capability of the CASC Justices speak for itself.

stay safe.

[roo_ster]

Let my silence about the thinking capability of the CASC Justices speak for itself.

If you're thinking what I'm thinking, there is not yet a LED lamp low voltage enough for their brain power to get it to glow.

[T.O.M.]

Interesting.   Last time I researched interrogation law, absent a clear and express waiver of Miranda rights, there is no admissible statement.  So now they are saying that silence is admissible?   

 Give it time, as I'm sure that a liberal infusion in the judiciary will swing things back the other way.

[MechAg94]

I thought prosecutors could say pretty much whatever they wanted at least during parts of the trial.  I thought the defense could also.

This sounds like they were trying to get the verdict thrown out on a technicality.

[Perd Hapley]

I don't know much about Thomas More, but in the film he was locked up for failing to bless the King's marital status. Then a few years back, one was required to affirm confidence in the president's birthright citizenship.

I guess we may as well make such things all good and legal.