Monthly Archives: September 2011

An Earlier Argument on the Right to Remain Silent

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Cromwell: Now, Sir Thomas, you stand on your silence. Sir Thomas More: I do. Cromwell: But, gentlemen of the jury, there are many kinds of silence. Consider first the silence of a man who is dead. Let us suppose we go into the room where he is laid out, and we listen: what do...

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Minnesota Supreme Court Carves Huge Hole in the Right to Remain Silent

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The Minnesota Supreme Court today issued a decision creating an odd new hole in the right to remain silent.  Most Americans know through movies, TV dramas and Congressional hearings that a suspect has a right to remain silent.  The Fifth Amendment to the U.S. Constitution says that no person “shall be compelled in any...

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