California Supreme Court rules that silence can be evidence of guilt

California Supreme Court rules that silence can be evidence of guilt

"Remaining silent after being placed under arrest is not enough to exercise one's right to remain silent," said one justice.


American justice

American justice

CALIFORNIA — The Supreme Court of California has ruled that a suspect’s silence can be used as evidence of guilt during trial.

The 4-3 decision reversed an appellate court’s ruling and reinstated a man’s felony conviction for a 2007 vehicular manslaughter case. That case involved a motorist named Richard Tom, who broadsided another vehicle while speeding in Redwood City.

Following the collision, Mr. Tom chose to remain silent when confronted by police. While “the right to remain silent” is traced back to the Fifth Amendment and has received longstanding legal acceptance, courts have recently moved to curtail that right by claiming that a suspect must verbally invoke a condition of silence for the legal protection to apply, prior to the reading of the Miranda warning.

In other words, the burden rests on the suspect to indicate when he or she is exercising such a right. For example, a suspect must announce, “I’m going to remain silent now,” or “I am hereby invoking the Fifth Amendment” during police questioning for legal protection of silence to apply. Without specifically stating an intention to remain silent, prosecutors may portray the defendant as guilty for simply saying nothing.

That’s what happened in Mr. Tom’s manslaughter trial. Since he did not specifically invoke the Fifth Amendment, prosecutors exploited his silence by telling jurors that the defendant callously refused to ask about the injured parties; attempting to portray the behavior of a reckless and remorseless killer instead of a person exercising his rights (and standard legal advice).

At his 2008 trial, Mr. Tom was convicted of gross vehicular manslaughter. A San Mateo Superior Court judge said that Tom’s apparent lack of concern was relevant to the issue of criminal recklessness.

Mr. Tom went on to appeal the decision and in March 2012, California’s Third District Court of Appeal ruled that the testimony violated Mr. Tom’s Fifth Amendment rights because “post-arrest, pre-Miranda silence” could not be used as substantive evidence of guilt in a trial.

However, the appeal was overturned in August 2014 when the California Supreme Court issued its decision in The People v. Tom.

The majority opinion was written by Justice Marvin Baxter, and affirmed by Chief Justice Tani Cantil-Sakauye, Justice Ming Chin, and Justice Carol Corrigan.

The decision leaned heavily on the U.S. Supreme Court case Salinas v. Texas, in which the court ruled 5-4 that when a suspect doesn’t answer a particular question during an interrogation, his silence can be used as evidence in court to demonstrate guilt. In that case, the majority also held that a suspect must verbally announce his intention to remain silent for legal protection to apply. Salinas created a national precedent for undermining the right to remain silent.

The California decision was contentious, and demonstrates a no-win situation for suspects, particularly those who may be ignorant of their rights. The chances are next to nil that a suspect — innocent or guilty — would be informed of the outrageous nuances in the right to remain silent.

“The court today holds, against common sense expectations, that remaining silent after being placed under arrest is not enough to exercise one’s right to remain silent,” Justice Goodwin Liu wrote in his reasoned dissent. William Rylaarsdam concurred.

Justice Kathryn Werdegar dissented separately, writing that she agreed with Liu’s analysis, but that the high court should not have even considered the case because the issue wasn’t properly preserved in the trial court.

While Mr. Tom may not be the most sympathetic character, the legal precedence for convicting individuals based on silence may have broad-reaching effects on criminal justice.

“It’s a very dangerous ruling,” said Tom’s attorney, Marc Zilversmit. “If you say anything to the police, that can be used against you. Now, if you don’t say anything before you are warned of your rights, that too can be used against you.”

READ THE DECISION: The People v. Tom, 14 S.O.S. 3458

{ Support Police State USA }




Site Staff
About Site Staff

Writer, editor, political activist and liberty advocate. PSUSA has been exposing the police state since 2010 and never runs out of material. More Posts


Views: 65

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

cheeki kea commented on cheeki kea's photo
Thumbnail

$ Paid Annual Leave $

"Now is the Time for American Workers to Unite! Take back the squandered taxes and demand time off…"
yesterday
cheeki kea posted a photo
yesterday
Burbia commented on Burbia's blog post Mystery illness strikes Russia with fever, blood symptoms, and no cure in sight.
yesterday
Burbia posted a blog post

Mystery illness strikes Russia with fever, blood symptoms, and no cure in sight.

I guess releasing this bio-weapon upon Israeli neighbors would be hitting too close to home. I…See More
yesterday
tjdavis posted videos
yesterday
tjdavis posted a video

The Electric State | Final Trailer | Netflix

Together, robots & humans can take the whole system down. THE ELECTRIC STATE starring Millie Bobby Brown, Chris Pratt and directed by the Russo Brothers, onl...
Sunday
Less Prone favorited Sandy's video
Saturday
Doc Vega's 7 blog posts were featured
Saturday
tjdavis's blog post was featured
Saturday
Sandy posted a video

"Mommy Tells Me I'm a Girl"-Jeff Younger

Soft White Underbelly interview and portrait of Jeff Younger, a father who is fighting to protect his son from transitioning into a girl. Get 40% off access ...
Saturday
tjdavis posted a video

MindWar: Full Spectrum Cognitive Dominance [Michael Aquino Analysis]

This is my analysis and my thoughts on Michael Aquino's "MindWar". This document is a must-read if you are looking to understand the psyop tactics and cognit...
Saturday
Doc Vega posted a blog post

A Horrid Murder at Land Between the Lakes (Sasquatch?)

 Most of us hear that Sasquatch-Bigfoot are intelligent yet reclusive creatures that are closely…See More
Friday
Doc Vega posted blog posts
Thursday
cheeki kea commented on cheeki kea's video
Thumbnail

Metropolis (1927) Full Movie | 4K Color Remastered: 2023 Colorized with Gottfried Huppertz Score

"Hey thanks for the thumbs up guys. I was blown away (like a leaf in a tornado) when I watched this…"
Thursday
tjdavis favorited cheeki kea's video
Thursday
tjdavis posted a video

Did you know this? I was SHOCKED!

Wounder how many people know what they do to baby chicks? Wounder if they know what the are doing to Salmon? What about the lettuce and tomatoes? This will n...
Thursday
cheeki kea posted a photo
Thursday
Less Prone posted a video

Pine Tree Riots - We'll Have Our Home Again

NOW ON SPOTIFY (and everywhere else)!https://open.spotify.com/album/1gWcRqHD7TSbAA2UzYOLWlEvery people deserves a Homeland.Sung by no one in particular.Origi...
Mar 25
Less Prone favorited cheeki kea's video
Mar 24
cheeki kea posted a video

Metropolis (1927) Full Movie | 4K Color Remastered: 2023 Colorized with Gottfried Huppertz Score

🎉🎬 AT LAST❗❗ Metropolis is the FIRST film we colorized using our newly developed AI colorization software, and we are proud to bring it to you now with the...
Mar 24

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted