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> First, all you need to do is shut up to exercise the right. Actually, as I understand it, SCOTUS has said that merely being silent is not the same as invokin
by jcranmer 3y ago
> First, all you need to do is shut up to exercise the right.
Actually, as I understand it, SCOTUS has said that merely being silent is not the same as invoking your Fifth Amendment right to remain silent. I think this jurisprudence is complete bananapants, but the argument is that you have to explicitly and unambiguously invoke your Fifth Amendment right for it to kick in, and being silent isn't an unambiguous invocation.
- ccooffee 3y agoCorrect. You MUST EXPLICITLY invoke your fifth amendment right against self-incrimination. (Okay, there may be some edge cases where invoking the fifth is implied, but SCOTUS has merely acknowledged that these edge cases could exist, but to my knowledge has never given rules for when it applies. Better safe than sorry.) e: see Salinas v Texas[0] for example [0] https://www.law.cornell.edu/supremecourt/text/12-246#writing-12-246_OPINION_3 https://www.law.cornell.edu/supremecourt/text/12-246#writing...
- PaulHoule 3y agoIn a courtroom, yes. https://www.nytimes.com/1973/07/18/archives/krough-pleads-5th-at-house-inquiry-first-watergate-witness-to.html https://www.nytimes.com/1973/07/18/archives/krough-pleads-5t...