Posts Tagged ‘ Criminal Law ’

Minnesota Court of Appeals Allows Silence as Evidence of Guilt

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This week the Minnesota Court of Appeals took the Borg case, allowing the use of pre-arrest, pre-Miranda, and pre-counsel silence as evidence against an accused one step further, and decided that it was ok for the government to use a defendant’s post arrest silence as evidence of guilt. The case, State v. Johnson, rests...

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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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