Monday, September 24, 2007
Thursday, September 13, 2007
Sunday, September 2, 2007
If the exclusive to federal grand juries (crackpot) rule that the Fifth Amendment no longer applies once you answer any question at all on a particular line of inquiry – “once you open the door” – were to somehow propagate throughout all the American court system, state and federal, the immediate result would surely be a national outcry for a constitutional amendment to get our precious Fifth Amendment back.
But as long as it only exists in one (mostly hidden) venue the federal grand jury system gets away with it.
The “once you open the door” silliness could even enter the police station: Miranda (not that I’m in love with Miranda) might no longer be able to protect your right to remain silent: once you answer any police question.
The founders’ Fifth Amendment intention was to prevent torture. Does “opening the door” permit torture?