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You're right, my phrasing was unclear. Specifically, the Fifth Amendment clauses the right to silence in the face of an accusation unless you're at a court proc
by dylangs1030 13y ago
You're right, my phrasing was unclear. Specifically, the Fifth Amendment clauses the right to silence in the face of an accusation unless you're at a court proceeding ("grand jury") - this ties in to not necessarily needing to respond to law enforcement questioning. I could have just stopped at due process, I was rambling :)
- dragonwriter 13y agoThe Fifth Amendment right not to be a witness against yourself applies in court proceedings and certainly includes the right to silence in court proceedings in a criminal case. The grand jury provision in the Fifth is in reference to being charged with a serious crime, not an exception to the right of silence.