|
Have any of you armchair Clarence Darrows read the fifth amendment? If you have your are aware it covers far more than self incriminating prohibitions such as right to grand jury in felonies, protection from double jeopardy, due process in both civil and criminal cases, etc. Since the original poster was asking about the prohibition against self incrimination the 5th is very succinct....paraphrasing ....no person shall be compelled to be a witness against himself in any criminal proceeding. That's it. And the courts have interpreted that as you are not required to give testimony in a case against you. And your failure to testify cannot be used as an admission of guilt.in all jury instructions.
The taking of blood is not considered testimonial...it is physical evidence. Much like fingerprints or DNA for example.
__________________
Jim
1987 Carrera
2002 BMW 525ti
1997 Buell Cyclone cafe project
1998 Buell S1W: "Angriest motorcycle I've ever ridden."
Last edited by Dueller; 03-19-2015 at 09:05 PM..
|