Fifth amendment Quote by James Duane
““the Supreme Court wrote that “evidence of silence at the time of arrest” generally does not tell us very much about guilt or innocence. The court correctly recognized that “at the time of arrest and during custodial interrogation, innocent and guilty alike—perhaps particularly the innocent—may find the situation so intimidating that they may choose to stand mute.”1 That is why the Supreme Court also stated that the Fifth Amendment privilege, “while sometimes a shelter to the guilty, is often a protection to the innocent.””
About This Quote
Source Supreme Court Opinion, United States v. Doe, 1995
Silence during arrest is not a reliable indicator of guilt; the Fifth Amendment protects both guilty and innocent.
In simple terms: Silence isn’t proof of guilt.
Key Takeaway
Do not assume guilt from silence.
Themes
law
rights
justice
Mood
analytical
serious
Type
legal
educational
When to use this quote
- legal defense
- law enforcement training
- civil rights advocacy
Key Concepts
constitutional law
self‑incrimination
police interrogation
Questions to Reflect On
- When is silence a strategic choice?
- How does this affect police procedures?
A Different Perspective
Relying on silence can overlook other evidence.
![“Guilt or innocence becomes irrelevant in the criminal trials as we flounder in a morass of artificial rules poorly conceived and often impossible [to apply].” quote by Warren E. Burger](https://sms4smile.com/quotes/img-quotes/5cc/warren-e-burger-20339_crime_guilt-or-innocence-becomes-irrelevant-in_2010019.jpg)
