July 02, 2013
On June 17, 2013, the Supreme Court announced its decision in Salinas v. Texas. This case considered whether, when a suspect is silent in response to a single question during a voluntary interview with police before he has been arrested or read his Miranda rights, use of that silence at trial violates the Self-Incrimination Clause of the Fifth Amendment.
By a vote of 5-4 the Supreme Court affirmed the judgment of the lower court denying petitioner’s Fifth Amendment claim, but without a majority opinion. Justice Alito announced the judgment of the Court and delivered an opinion joined by Chief Justice Roberts and Justice Kennedy. Justice Thomas filed an opinion concurring in the judgment, which was joined by Justice Scalia. Justice Breyer filed a dissenting opinion which was joined by Justices Ginsburg, Sotomayor, and Kagan.
To discuss the case, we have Kent Scheidegger, who is the Legal Director of the Criminal Justice Legal Foundation.