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Yeah thinking about it more I think this makes sense. It seems like it could be brought up in court though? Just not used as “evidence” again you?
by bryan0 3y ago
Yeah thinking about it more I think this makes sense. It seems like it could be brought up in court though? Just not used as “evidence” again you?
- Terr_ 3y agoIANAL, but I imagine that would ideally go something like this: Prosecution: "Mr. Defendant, when the police asked you to unlock your phone, what did you tell them?" Defense: "Objection, prejudicial and irrelevant. Fifth-Amendment." Judge: "Objection sustained--move on to the next question."
- jonstewart 3y agoYes, but from TFA it sounds like the prosecution did this in closing arguments, when they’re not talking to a witness. Objections are typically not made by opposing sides in closing arguments (though possible). IANAL and don’t know precisely under which circumstances the judge should intervene in closing arguments. But implying that pleading the fifth is evidence of guilt is kinda “Prodecutorial No-Nos 101” and it’s not surprising it was overturned on appeal. What’s more surprising is that the prosecution then went to the state Supreme Court.