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To: Lonesome in Massachussets
The Fifth Amendment is very clear:
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.[1]
No person can be compelled to be a witness against himself.

Compel: "to cause to do or occur by overwhelming pressure".

Being told during questioning "refusal to answer our questions now may greatly increase the odds of your being convicted" seems pretty compelling to me. For the Fifth Amendment to mean ANYTHING, there must be no mention at trial of any refusal to submit to questioning.

124 posted on 01/21/2013 5:02:28 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: PapaBear3625

That may be, but juries routinely take a defendant’s refusal to testify into account. The Constitution is not a suicide pact and it does not require us to abandon our common sense. You are perfectly free to clam up when questioned by the coppers and juries should be free to know ALL the facts in the case and draw whatever inferences they deem reasonable.


126 posted on 01/21/2013 5:34:23 AM PST by Lonesome in Massachussets (Please, don't tell Obama what comes after a trillion.)
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