Saturday, February 1, 2020

Protection from Self Incrimination Essay Example | Topics and Well Written Essays - 500 words

Protection from Self Incrimination - Essay Example In this case, the defendant, Mr. Salinas was accused of having played a role in a murder that had taken place close to the position of his car. Upon questioning, the defendant answered all the questions, went further, and even submitted his gun to show that he was innocent. However, the defendant went mute when asked about some shell casing found at the scene of the crime. Moreover, the casings matched his shotgun. The defendant at that point completely ignored the questions and did not answer. Because of this attitude, the prosecutor went further and told the jury that the reason for Salinas’ silence was the fact that he felt guilty for the actions he had taken and that the silence was a sign of admission to having carried out the crime. The prosecutor had a strong case when he stated that the defendant was guilty not only because he did not comment on the questions posed to him regarding the casings but also because of the obvious fact that his gun was involved. The judge did not argue against the strong case brought by the prosecutor and this was mostly because the evidence for the case was present (Hightower). However, the judgment delayed due to the lack of motive for the action. However, upon reviewing the available information, the judge found the defendant guilty and sentenced him to 22 years in prison. Upon critical review of the case and the evidence provided, I would have offered a ruling similar to that made by the judge, in this case. The reason for the judgment is the fact that the defendant went mute and did not communicate anything regarding the questions asked. The constitution states that upon an individual pleading the Fifth Amendment they ought to receive fair treatment until substantial proof is presented (Choo 89). However, this was not the case in this particular case. Rather than pleading this right, the individual went silent and did not answer anything. This was a sign of great

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