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Article posted Aug 16 2014, 3:09 AM Category: Tyranny/Police State Source: Associated Press Print

California Supreme Court: Silence Can Be Used Against You

By PAUL ELIAS of Associated Press

SAN FRANCISCO (AP) -- The California Supreme Court has ruled that the silence of suspects can be used against them.

Wading into a legally tangled vehicular manslaughter case, a sharply divided high court on Thursday effectively reinstated the felony conviction of a man accused in a 2007 San Francisco Bay Area crash that left an 8-year-old girl dead and her sister and mother injured.

Richard Tom was sentenced to seven years in prison for manslaughter after authorities said he was speeding and slammed into another vehicle at a Redwood City intersection.

Prosecutors repeatedly told jurors during the trial that Tom's failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.

Legal analysts said the ruling could affect future cases, allowing prosecutors to exploit a suspect's refusal to talk before invoking 5th Amendment rights against self-incrimination.

"It's a bad and questionable decision," said Dennis Fischer, a longtime criminal appellate lawyer.

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Comments Add Comment Page 1 of 1
Anonymous

Posted: Aug 16 2014, 3:54 AM

Link
8448 Damn...they don't even know the law. The I is amazing to me.
The thing is, Miranda is simply to make sure people are aware of the right they already (and always) have to remain silent. You have the right even if the police forget to inform you. You have it right this second, if a officer asked you a question.

They are pretending it didn't exist until the Miranda case? Ridiculous. Up until that case everyone HAD to talk to the police? What BS.

There is no way in the world that is a constitutional decision.


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