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Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
After habeas corpus relief, the Supreme Court upheld the conviction, recognizing no breach of the Fourteenth Amendment. [1] Salinas v. Texas (2013), a plurality opinion, held that mere silence during prearrest interrogations is inadequate to establish invocation of the right to remain silent, if the defendant has already chosen to speak ...
In 1997, the Supreme Court of the United States recognized the problem of "opinion evidence which is connected to existing data only by the ipse dixit of an expert." [ 9 ] Likewise, the Supreme Court of Texas has held "a claim will not stand or fall on the mere ipse dixit of a credentialed witness."
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Silence is acquiescence (aka. silent acquiescence and acquiescence by silence ). Under this related doctrine, when confronted with a wrong or an act that can be considered a tortious act, one's silence in the face of the transgression may result in a loss of a right to make a claim for loss or damage, on the principle of consent inferred from ...
When the U.S. Supreme Court handed down its ruling in the 1832 case Worcester v. Georgia, so the story goes, President Andrew Jackson responded by declaring that "[Chief Justice] John Marshall has ...
The city of New York is “crime-ridden and dying,” according to Donald Trump.He has called a criminal case against him a “mess,” the judge hopelessly “conflicted,” and the prosecutor a ...