Salinas V. Texas Essay

FactsTwo brothers were shot and killed in their home. practice of law force recovered shotgun shells that led them to investigate the prayer. The prayer handed over his gun and agreed to go to the jurisprudence force station for questioning. The prayer answered all of the questions the police had, but when it came to the question about the shells matching the petitioners gun he went silent. So the police asked a few more questions to which the petitioner answered. The petitioner did not testify at the trial, so the prosecuting officer used his placidity as evidence of guilt.adjective HistoryPetitioner was convicted of murder and sentenced to 20 years. This was instantaneously sent to the Texas State judicature of Appeals who rejected the argument. The Texas Court of Criminal Appeals took up the case and affirmed the alike judgment.IssueWas the petitioners Fifth Amendment proper(ip) violated when prosecutors used his silence as evidence of guilt, when he was not in custod y and had not had his Miranda rights read to him? Holding/ line upNo, because the petitioner did not express that he wanted to invoke his exclusive right to stay silent, and not testify. cerebrateNeither of the two recognized elisions to the invocation necessary applies here. One is that a petitioner is not required to take the stand and assert the privilege against self-incrimination at his own trial. The other is that a witness unsuccessful person to invoke the privilege may be apologize where government coercion made his forfeiture of the privilege involuntary. It is undisputed the petitioners interview with the police was voluntary. He admitted that he was free to leave at any time, so nothing prevented him from saying he refused to answer the polices questions. The third exception was not even considered, because the requirement for this one would be the witness would remain silent and decline to shew an answer that the officerswould suspect incriminating.