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This is it folks. Silence is now guilt, and legal protections are out the window

 
Anonymous Coward
User ID: 25621584
United States
08/22/2014 08:23 AM
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This is it folks. Silence is now guilt, and legal protections are out the window
Prosecutors May Use The Silence Of A Defendant As Proof Of Guilt

[link to jonathanturley.org]

The California Supreme Court has handed down a major 4-3 decision in a vehicular manslaughter case that further erodes the rights of citizens to remain silent after being placed into custody. As are all familiar with the Miranda warning that “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” However, as we recently discussed, the Supreme Court by plurality decision that effectively allowed pre-Miranda silence to be used against a criminal defendant in Salinas v. Texas 570 U.S. ___, ___ (2013) (plur. opn. of Alito, J.). Now, the California Supreme Court in People v. Tom, has handed down the first major application of Salinas and ruled that the prosecution can use the silence of a defendant (Richard Tom, left) as evidence of guilt. In California, it is not simply what you say but what you do not say that can be used against you. It is not clear if they are going to change the warning to let people know that if they do not speak, their silence can be used as incriminating.
Anonymous Coward
User ID: 54570439
United States
08/22/2014 08:27 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Amendment V

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.


Void where prohibited by law.
Anonymous Coward
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08/22/2014 08:27 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
You should be quit before they plant pedo shit in your home and PC.
Anonymous Coward
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United States
08/22/2014 08:30 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
You should be quit before they plant pedo shit in your home and PC.
 Quoting: Anonymous Coward 60990154


Thanks for the good advice, officer. hf
Anonymous Coward
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08/22/2014 08:51 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Just trying to help not joking.
Anonymous Coward
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United States
08/22/2014 09:07 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
What people don't get about the 5th amendment is it is not meant for a defendant to cover up his guilt by saying nothing, it is to keep the lying pigs from twisting your words or in a state of fear & anxiety you say something that could be misconstrued. And trust me, LEOs WILL lie on the stand or just forget what they heard themselves and make it up as they go. Alot of people are sunk in court just because they opened their mouth even if they would have had a good chance of beating the case or avoiding indictment.
Anonymous Coward
User ID: 5585294
United States
08/22/2014 09:10 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
i know this is minor but....
got a parking ticket loading stuff into my car at the only loading dock on the block....for parking in a no parking for loading or unloading trucks.
fought the ticket....had a copy of the invoice and rental agreement for said equipment...even had the date stamp just 1 minute before the ticket was signed....
the judge said i did not have proof i was not just parked there...he said i needed proof with photo of the officer writing said ticket with the car at the loading dock....wittiness needed to be brought into parking court.....
so the burden of proof was on me.
Use your brian, moran!

User ID: 56043334
United States
08/22/2014 09:21 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Amendment V

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.


Void where prohibited by law.
 Quoting: Anonymous Coward 54570439


The Law of the Land is void where prohibited by law. Much like the case with gun laws which violate We The People's Constitutionally recognized Rights....if it is not compliant with the Constitution & The Bill of Rights, it's not a law, it's a waste of taxpayers money, a waste of breath & not worth the paper which it was written on, digital or otherwise.
I'm a proud Texan & American, posting from Central Texas & have no clue why my flag shows friggin Canada(no offense to my Canadian friends).

"Men will never be free until the last king is strangled with the entrails of the last priest."

Diderot

"Immigration without assimilation is invasion!" - Anonymous Coward

Gird your lions, shave your Family & panic sex the 'maters!

"When your so-called religion is purely a political theory of conquest, and deception is one of it's core principles then it strikes me as perfectly sane and reasonable to assume literally everyone who is of such a "religion" to be exactly the same POS who deserves to be treated as the enemy non-stop." Darkwolf007
Use your brian, moran!

User ID: 56043334
United States
08/22/2014 09:25 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Amendment V

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.


Void where prohibited by law.
 Quoting: Anonymous Coward 54570439


The Law of the Land is void where prohibited by law. Much like the case with gun laws which violate We The People's Constitutionally recognized Rights....if it is not compliant with the Constitution & The Bill of Rights, it's not a law, it's a waste of taxpayers money, a waste of breath & not worth the paper which it was written on, digital or otherwise.
 Quoting: Use your brian, moran!


I wonder how many Lawyers will end up being sued, how many Concealed Carry Class Instructors will be sued, for telling people "don't say anything but your name & that you are exercising your Right to remain silent until you have consulted with an attorney".
I'm a proud Texan & American, posting from Central Texas & have no clue why my flag shows friggin Canada(no offense to my Canadian friends).

"Men will never be free until the last king is strangled with the entrails of the last priest."

Diderot

"Immigration without assimilation is invasion!" - Anonymous Coward

Gird your lions, shave your Family & panic sex the 'maters!

"When your so-called religion is purely a political theory of conquest, and deception is one of it's core principles then it strikes me as perfectly sane and reasonable to assume literally everyone who is of such a "religion" to be exactly the same POS who deserves to be treated as the enemy non-stop." Darkwolf007
Anonymous Coward
User ID: 61399855
United States
08/22/2014 09:29 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
i know this is minor but....
got a parking ticket loading stuff into my car at the only loading dock on the block....for parking in a no parking for loading or unloading trucks.
fought the ticket....had a copy of the invoice and rental agreement for said equipment...even had the date stamp just 1 minute before the ticket was signed....
the judge said i did not have proof i was not just parked there...he said i needed proof with photo of the officer writing said ticket with the car at the loading dock....wittiness needed to be brought into parking court.....
so the burden of proof was on me.
 Quoting: Anonymous Coward 5585294


Sorry to hear that.

We all have had experiences with crooked cops and their helpful judges.

Don't let this judge work in anonymity; get his name. Get the cops name. Put up a webpage, dig up some nasty facts.

Go to cop block and do a write up. When other people get burned by these tyrants they will do a google search and discover they are not alone.

These tyrants will do an ego search some day and realize the mass of peasants with pitchforks who utterly hate them. It might even get them to behave nicely.
Base12

User ID: 2217240
United States
08/22/2014 09:36 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window



Visit my website...
[link to www.mostholyplace.com]
Anonymous Coward
User ID: 60499412
United States
08/22/2014 09:36 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Regardless.....
CLAP YOUR TRAP untill you have representation. If it's obvious you're getting locked up or going to court, they do and will embellish anything you say that's useful to them. Why give them ammo against you ? You need to pitt a liar against a liar, sadly it's a neccessary evil with the state of corruptness in our courts. Your "day in court" is a theatrical formality.....assume the outcome to be predetermined.
Anonymous Coward
User ID: 9883121
United States
08/22/2014 09:45 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Prosecutors May Use The Silence Of A Defendant As Proof Of Guilt

[link to jonathanturley.org]

The California Supreme Court has handed down a major 4-3 decision in a vehicular manslaughter case that further erodes the rights of citizens to remain silent after being placed into custody. As are all familiar with the Miranda warning that “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” However, as we recently discussed, the Supreme Court by plurality decision that effectively allowed pre-Miranda silence to be used against a criminal defendant in Salinas v. Texas 570 U.S. ___, ___ (2013) (plur. opn. of Alito, J.). Now, the California Supreme Court in People v. Tom, has handed down the first major application of Salinas and ruled that the prosecution can use the silence of a defendant (Richard Tom, left) as evidence of guilt. In California, it is not simply what you say but what you do not say that can be used against you. It is not clear if they are going to change the warning to let people know that if they do not speak, their silence can be used as incriminating.
 Quoting: Anonymous Coward 25621584


Anonymous Coward
User ID: 60750309
United States
08/22/2014 10:00 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Anonymous Coward
User ID: 57684257
United States
08/22/2014 10:02 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Of course, California always leads the charge for destroying Constitutional Rights.

Authoritarian Marxist "liberals" and Their Owners have a plan for this formerly Great and Free Nation, and boys, it ain't pretty.
Anonymous Coward
User ID: 61923067
United States
08/22/2014 10:03 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
It might be an advantage to claim being Jesus, like Manson. He's lived a long life.
MIgardener

User ID: 2218630
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08/22/2014 10:04 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Prosecutors May Use The Silence Of A Defendant As Proof Of Guilt

[link to jonathanturley.org]

The California Supreme Court has handed down a major 4-3 decision in a vehicular manslaughter case that further erodes the rights of citizens to remain silent after being placed into custody. As are all familiar with the Miranda warning that “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” However, as we recently discussed, the Supreme Court by plurality decision that effectively allowed pre-Miranda silence to be used against a criminal defendant in Salinas v. Texas 570 U.S. ___, ___ (2013) (plur. opn. of Alito, J.). Now, the California Supreme Court in People v. Tom, has handed down the first major application of Salinas and ruled that the prosecution can use the silence of a defendant (Richard Tom, left) as evidence of guilt. In California, it is not simply what you say but what you do not say that can be used against you. It is not clear if they are going to change the warning to let people know that if they do not speak, their silence can be used as incriminating.
 Quoting: Anonymous Coward 25621584


California is the most liberal state there is.
"All that is necessary for evil to triumph, is for good men to do nothing."

That if thou shalt confess with thy mouth the Lord Jesus, and shalt believe in thine heart that God hath raised him from the dead, thou shalt be saved.-Romans 10:9

"In this galaxy, there's a mathematical probability of three million Earth-type planets. And in all of the universe, three million million galaxies like this. And in all of that... and perhaps more, only one of each of us."-Dr.Mccoy
Anonymous Coward
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United States
08/22/2014 10:09 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
That piece of shit is getting off easy no matter what happens in court.

I'd hunt his dumb ass down if he killed one of my kids.
Anonymous Coward
User ID: 61985993
United States
08/22/2014 10:09 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Amendment V

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.


Void where prohibited by law.
 Quoting: Anonymous Coward 54570439


And there goes the fifth amendment... though it always seems that the courts take pleading of the fifth as admission of guilt. This is one fucked up world we live in.
Anonymous Coward
User ID: 61861099
United States
08/22/2014 10:10 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Prosecutors May Use The Silence Of A Defendant As Proof Of Guilt

[link to jonathanturley.org]

The California Supreme Court has handed down a major 4-3 decision in a vehicular manslaughter case that further erodes the rights of citizens to remain silent after being placed into custody. As are all familiar with the Miranda warning that “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” However, as we recently discussed, the Supreme Court by plurality decision that effectively allowed pre-Miranda silence to be used against a criminal defendant in Salinas v. Texas 570 U.S. ___, ___ (2013) (plur. opn. of Alito, J.). Now, the California Supreme Court in People v. Tom, has handed down the first major application of Salinas and ruled that the prosecution can use the silence of a defendant (Richard Tom, left) as evidence of guilt. In California, it is not simply what you say but what you do not say that can be used against you. It is not clear if they are going to change the warning to let people know that if they do not speak, their silence can be used as incriminating.
 Quoting: Anonymous Coward 25621584


California is the most liberal state there is.
 Quoting: MIgardener



Wouldn't saying he is innocent be a liberal reaction?
M*walk
Low Earth Orbit

User ID: 57525040
United States
08/22/2014 10:12 AM

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Re: This is it folks. Silence is now guilt, and legal protections are out the window
This is just wasted time when you factor in that ALL LEO's are out to make a bust, to fill a quota. From the dipshit gumshoe all the way up to the judge, their goals are to move up the ladder in law enforcement, procure more militarized equipment, or maintain their budgets. Can't do that unless bodies are filling jails. So these roided up fucktards are out to get you for anything, and will fabricate the evidence if necessary.
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”
Anonymous Coward
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United States
08/22/2014 10:13 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
most of a cops time is spent dealing with dumb fucks and drunks I say give them an APC
Anonymous Coward
User ID: 61998465
United Kingdom
08/22/2014 10:14 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
why you make america less appealing by the day?

what is wrong with america?
Anonymous Coward
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United States
08/22/2014 10:16 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
What people don't get about the 5th amendment is it is not meant for a defendant to cover up his guilt by saying nothing, it is to keep the lying pigs from twisting your words or in a state of fear & anxiety you say something that could be misconstrued. And trust me, LEOs WILL lie on the stand or just forget what they heard themselves and make it up as they go. Alot of people are sunk in court just because they opened their mouth even if they would have had a good chance of beating the case or avoiding indictment.
 Quoting: Anonymous Coward 22076896


Sadly, this is true. And because it is true, it means that there is no such thing as a fair trial in this country. Besides, law enforcement leaks info to the media, which, in turn, prosecutes the defendant before said person even goes to trial. Yup... good 'ol USSA.
Anonymous Coward
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08/22/2014 10:20 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
There is nothing you can tell the police that will ever be used for your benefit in court.

It will only be used AGAINST you.

Say nothing.

Don't let then scare you now with this.
Anonymous Coward
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United States
08/22/2014 10:27 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Regardless.....
CLAP YOUR TRAP untill you have representation. If it's obvious you're getting locked up or going to court, they do and will embellish anything you say that's useful to them. Why give them ammo against you ? You need to pitt a liar against a liar, sadly it's a neccessary evil with the state of corruptness in our courts. Your "day in court" is a theatrical formality.....assume the outcome to be predetermined.
 Quoting: Anonymous Coward 60499412


This!
I should add, the court said you must exercise (invoke) your 5th Amendment right. Simply repeat, I invoke my 5th amendment right to remain silent, and nothing else.
Anonymous Coward
User ID: 59880083
United States
08/22/2014 10:30 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
They can and have circumvented the Constitution, the highest law of the land by passing illegal laws. Due process does not really exist anymore. All they need to do is to identify you as an "enemy combatant" and there goes all of your inalienable rights. Now they've pretty much written off the 5th Amendment. The 4th is really gone. The 1st will soon be history after James Risen is incarcerated. And all this is done in our name which makes us complicit in this. Oh yeah, don't forget to pay your taxes since they have to maintain their standard of living while the rest of ours decline.
Anonymous Coward
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08/22/2014 10:32 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Just trying to help not joking.
 Quoting: Anonymous Coward 59878800


no kidding.
Anonymous Coward
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08/22/2014 10:36 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
ROFLMAO.....I lived there for over 20 years when I was in the military. I saw all the liberal BS these people would vote for. Now it's going to bite them in the azzss. Oh well they wanted a liberal utopia now they have to live in it.
Anonymous Coward
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08/22/2014 10:38 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Meh, not a huge loss. Why would anyone live in California anyways?
Anonymous Coward
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08/22/2014 10:43 AM
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Re: This is it folks. Silence is now guilt, and legal protections are out the window
Amendment V

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.


Void where prohibited by law.
 Quoting: Anonymous Coward 54570439


definitely void in any constitutionally active zone





GLP