this post was submitted on 07 Dec 2023
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[–] commie@lemmy.dbzer0.com 10 points 11 months ago (1 children)

You don't have to invoke the fifth amendment in order to not speak with police

courts have found that simply being silent can be a confession. you must explicitly state you are exercising your right to be silent.

[–] Drusas@kbin.social 8 points 11 months ago (2 children)

Yes, absolutely. You do have to say that. You don't have to expressly invoke the fifth amendment. You have to invoke your right to be silent. These are two separate things.

[–] Im14abeer@midwest.social 9 points 11 months ago (1 children)

Which is absurd when the right is to be silent.

[–] Maggoty@lemmy.world 2 points 11 months ago

Welcome to the US justice system.

[–] commie@lemmy.dbzer0.com 2 points 11 months ago

your right against self incrimination includes a right to be silent. it's not separate: it's inclusive