I think most of us have seen the video "Don't Talk to the Police" by Professor James Duane:
I was watching another video of him where he is being interviewed. He mentions the case of Salinas vs Texas (2013) and that, unless you specifically invoke you right to the Fifth your silence can be held against you thanks to the 5 conservative judges on the supreme court. In Professor Duane's words, it can be damned if you do and damned if you don't talk to the police.
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You Have the Right to Remain Innocent with Professor James Duane
His comments regarding Salinas vs Texas are around the 1:11 minute mark.
I was watching another video of him where he is being interviewed. He mentions the case of Salinas vs Texas (2013) and that, unless you specifically invoke you right to the Fifth your silence can be held against you thanks to the 5 conservative judges on the supreme court. In Professor Duane's words, it can be damned if you do and damned if you don't talk to the police.
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- When asked whether the bullet casing found at the scene of the crime would match his gun, Salinas sat in silence and looked down at the ground. The prosecution used Salinas’ physical response against him as proof of guilt and Salinas appealed.
- Silence is insufficient to invoke the privilege. The prosecution was allowed to use Salinas’s reaction to the question about his shotgun against him in court.
You Have the Right to Remain Innocent with Professor James Duane
His comments regarding Salinas vs Texas are around the 1:11 minute mark.
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