‘If you’re innocent, why are you taking the Fifth?’

[Jarod]

It is. It is exactly that right that allows you to remain silent.

You’d have to say, “I plead the 5th”, which is not silence.

You are confusing the general 5th Amendment right, with Miranda rights which do derive from the 5th Amendment but are not exactly the same thing. Under Miranda you have the right to remain silent when in police custody.

 

[Damocles]

You’d have to say, “I plead the 5th”, which is not silence.

Declaring why you are remaining silent is not the same thing as testimony, it is remaining silent with an explanation.

 

[Jarod]

Declaring why you are remaining silent is not the same thing as testimony, it is remaining silent with an explanation.

Again… You are confusing Miranda rights with the general 5th Amendment right against self incrimination.

 

[volsrock]

‘If you’re innocent, why are you taking the Fifth?’ - Defeated Former President about to take the Fifth again!

If you’re innocent, why do u need an attorney?

 

[Damocles]

Again… You are confusing Miranda rights with the general 5th Amendment right against self incrimination.

No you are confusing a declaration of why you are doing something with testimony. And seem to have a disconcerting misunderstanding of the 5th amendment. It is why you have a right to remain silent.

 

[Jarod]

No you are confusing a declaration of why you are doing something with testimony. And seem to have a disconcerting misunderstanding of the 5th amendment. It is why you have a right to remain silent.

You seem to believe one always has a right to remain silent.

What Is it you believe I misunderstand about the fifth? I promise you I have a better understanding than you!

 

[Jarod]

Declaring why you are remaining silent is not the same thing as testimony, it is remaining silent with an explanation.

It’s also not the same thing as silence!

 

[Damocles]

You seem to believe one always has a right to remain silent.

What Is it you believe I misunderstand about the fifth? I promise you I have a better understanding than you!

Not answering a question with a declaration as to why is silence. Even if you want to pretend it is not. One only has a right to silence when speaking may incriminate them.

 

[Jarod]

No you are confusing a declaration of why you are doing something with testimony. And seem to have a disconcerting misunderstanding of the 5th amendment. It is why you have a right to remain silent.

“ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Where does this say you have a right to silence?

 

[Damocles]

It’s also not the same thing as silence!

Only in a silly world where telling the cops you will not answer their questions is not silence because you said something. Telling people that you are using your right to silence us not testimony, it is silence.

 

[Jarod]

Not answering a question with a declaration as to why is silence. Even if you want to pretend it is not. One only has a right to silence when speaking may incriminate them.

You have right not to answer a question that may incriminate you in a crime… You still must respond by invoking that right. By invoking that right you are saying that the answer would incriminate you in a crime.

 

[Jarod]

Only in a silly world where telling the cops you will not answer their questions is not silence because you said something. Telling people that you are using your right to silence us not testimony, it is silence.

The law is about specific meanings of words.

 

[Jarod]

Only in a silly world where telling the cops you will not answer their questions is not silence because you said something. Telling people that you are using your right to silence us not testimony, it is silence.

What is it you think I misunderstand about the 5th Amendment.

 

[Damocles]

“ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Where does this say you have a right to silence?

Read Miranda v Arizoma so you can find out where the Supreme Court found it. Your law school should be embarrassed.

 

[Damocles]

What is it you think I misunderstand about the 5th Amendment.

Your argument in the beginning of the thread where you tried to conflate silence with guilt and only changed your story when shamed by another. You seem to lack any respect for the rights of Americans if they disagree with you politically or you believe they are hypocrites.

I maintain you continue to look more orange every moment in this thread.

 

[Jarod]

Read Miranda v Arizoma so you can find out where the Supreme Court found it. Your law school should be embarrassed.

Back up your silly insults! What is it you think I misunderstand? Your Miranda rights are derived from Miranda but not the same thing as your 5th Amendment rights.

 

[Damocles]

Back up your silly insults! What is it you think I misunderstand? Your Miranda rights are derived from Miranda but not the same thing as your 5th Amendment rights.

I've made it clear what you do not understand. Reread the thread, I'm not going to do it for you.

 

[Jarod]

Your argument in the beginning of the thread where you tried to conflate silence with guilt and only changed your story when shamed by another. You seem to lack any respect for the rights of Americans if they disagree with you politically or you believe they are hypocrites.

I maintain you continue to look more orange every moment in this thread.

You misunderstood. Please see the quotation marks. Who said what I typed? I was quoting the orange one.

What is it you think I misunderstand about the 5th Amendment?

 

[Damocles]

You misunderstood. Please see the quotation marks. Who said what I typed? I was quoting the orange one.

Not when you were answering what I said you weren't.

 

[Jarod]

I've made it clear what you do not understand. Reread the thread, I'm not going to do it for you.

It is not clear… you just claim I don’t understand. What do you think I’m wrong about?

You are backed into a corner and can’t get out so you make vague claims that I don’t understand and try to leave it at that!