It is the opposite of what is often taught about dealing with the police, and not only in firearm related situations. This author cited SCOTUS opinions saying that simply remaining silent without making any declaration of 5th Amendment rights can also be used by a prosecutor in court to infer guilt.
Again, the book is “You Have the Right to Remain Innocent” by James Duane.
True enough, but in these examples the SCOTUS has sanctioned that simply making a declaration of constitutional rights, which were intended to protect the innocent, can itself be twisted to infer a declaration of guilt which can be entered at trial as evidence against you. That’s where the outrageous factor kicks in.
I absolutely agree. The right to counsel outweighs the right to remain silent, although, invoking your right against self incrimination cannot be used against you in the prosecution of criminal charges against you. It can, however, be used against you in civil matters, in administrative hearings like probation or parole, and in the sentencing phase of a trial. I am assuming the latter is what the book is discussing and comes from a Kentucky case, White v. Woodall, 572 U.S. 415 (2014) where the sentencing jury was not given a “no adverse inference instruction” meaning they could draw an adverse inference from the defendant’s silence.
That’s very unconstitutional and against everything, I’ve learned, but I’m not the lawyer(Until 3 1/2 years, if goes accordingly) So leave it to the lawyers.
However, my understanding is that if you did invoke your 5th A. THAT IT CAN NOT be used in the court and if so, its grounds for a mistrial.
But like @Tom_Grieve said, Representation is greater than remaining silent. You need counsel!!!
Therefore, just ask for a lawyer and don’t say, “I invoke the 5th”
A bible scripture that comes to mind about counsel that I read today says, “Where no counsel is, the people fall: but in the multitude of counsellers there is safety.” (Prov. 11.14).
I just finished “You Have the Right to Remain Innocent” by James Duane. GREAT read on the justice system.
Next I’m gonna be reading “To Ride, Shoot Straight, and Speak the Truth” by Jeff Cooper.
@MikeBKY -the author of the book shows case precedent where the prosecutors argued that remaining silent implied guilt. The defense attorney didn’t object and the judge didn’t intervene. And it lost in appeal, I believe.
I believe that was at trial and I cannot imagine a defense attorney not objecting to a clearly wrong argument by the prosecution. If it happened, then the argument is not preserved for appeal. Although, I could see an appellate court reversing as a manifest injustice or based upon ineffective assistance of counsel.
I just finished “More Guns Less Crime” by John Lott. This was the third edition and I bought it from the Crime Prevention Research Center. You can check them out at the following link - https://crimeresearch.org/ -
This is a great organization that is helping all of us with keeping our firearms. Their website is full of information that will help you argue about firearms. Great source. They do not get any funds from the government as far as I know and can use some help to continue their work.
My other stimulus checks have gone out to various organizations, and some of this latest stimulus check will go to the Crime Prevention Research Center again. I have about five other organizations on the list, so I need to whittle that down a little.
I think I need another stimulus check to make it through my list.
Shooter Down by John Giduck about the Virginia Tech massacre. An interesting but frightening look into the twisted mind of a mass killer. He also wrote “Terror at Beslan” about the school takeover in Russia, It will keep you awake at night as our bumbling “woke” leaders play nice with jihadist.
