Bye-bye 5th Amendment! Supreme Court Decides: Anything You Don’t Say Can and Will Be Used Against You
June 19th, 2013
The Organic Prepper
Everyone knows that when building a police state, it’s vital to strike a few Constitutional rights off the books. Now, we can add the right to remain silent to the graveyard of the American justice system. How can you expect the people to be properly subjugated with all those pesky freedoms that the Bill of Rights blathers on about?
The would-be totalitarians can chalk up another victory, because the Supreme Court has made the decision that if you opt to remain silent, that silence can (and will) be used against you in a court of law.
The Fifth Amendment to the Constitution guarantees our right against self-incrimination.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Supreme Court said that unless a person specifically asks for their Fifth Amendment right to remain silence, that your silence can be used as an indication of guilt. The case was brought to court on the basis of an unconstitutional prosecution against Genovevo Salinas. Justice Alito, who has a history of excusing the most disturbing abuses in favor of the government, said,“[Salinas'] Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question. It has long been settled that the privilege `generally is not self-executing’ and that a witness who desires its protection `must claim it.’”
So, the advice to sit there and keep your mouth shut, should you be unfortunate enough to have been accused of committing a crime, is no longer the best option. If the police fail to read you your Miranda warning, you must explicitly say that you are claiming your Fifth Amendment right not to incriminate yourself. In stating that, aren’t you, in fact, letting the police know that a crime, has indeed been committed by you? The right to remain silent is supposed to mean just that – you can refuse to answer questions and your silence will not be used against you.