5th Amendment Project
Published on Dec 01, 2015
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PRESENTATION OUTLINE
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment of indictment of a Grand jury, exept 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 offence 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 compensation.
Photo by Mr Noded
The fifth amendment is an amendment to the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, providing chiefly that no person be required to testify against himself or herself in a criminal case and that no person be subjected to a second trial for an offense for which he or she has been duly tried previously.
SALINAS VS. TEXAS
Police in Houston, Texas questioned Genovevo Salinas in 1992 during a murder investigation. Salinas answered all of their questions until the police asked whether he thought that casings found at the murder scene would match the shotgun the police found in his house. In response, Salinas remained silent. Later, he was charged with murder, tried, and convicted partially on the basis of evidence that he had remained silent during police questioning before he was arrested and given his Miranda warnings. Salinas claims that the Texas trial court should not have admitted evidence of his silence because of the Fifth Amendment privilege against self-incrimination. He argues that allowing evidence of his silence would violate the Fifth Amendment by forcing him to speak or have his silence used against him. The State of Texas argues that the evidence was appropriately admitted and outside the protection of Fifth Amendment privilege because Salinas’s silence was non-testimonial and the police questioning was non-coercive.
Photo by Martin LaBar
The Supreme Court’s decision will determine the scope of the Fifth Amendment protection against self-incrimination and, more specifically, whether it extends to the protection of a defendant’s pre-arrest, pre-Miranda statements to the police.
Photo by theqspeaks
He had remained silent, and the Supreme Court had previously made clear that prosecutors can’t bring up a defendant’s refusal to answer the state’s questions
Photo by Jason Pier in DC
Salinas didn't really do something unpopular.
Photo by Valerie Everett
