The 4-3 decision reversed an appellate court's ruling and reinstated a man's felony conviction for a 2007 vehicular manslaughter case. That case involved a motorist named Richard Tom, who broadsided another vehicle while speeding in Redwood City.
Following the collision, Mr. Tom chose to remain silent when confronted by police. While "the right to remain silent" is traced back to the Fifth Amendment and has received longstanding legal acceptance, courts have recently moved to curtail that right by claiming that a suspect must verbally invoke a condition of silence for the legal protection to apply, prior to the reading of the Miranda warning.
In other words, the burden rests on the suspect to indicate when he or she is exercising such a right. For example, a suspect must announce, "I'm going to remain silent now," or "I am hereby invoking the Fifth Amendment" during police questioning for legal protection of silence to apply. Without specifically stating an intention to remain silent, prosecutors may portray the defendant as guilty for simply saying nothing.
This is of course ridiculous. The yahoos are running roughshod on everything a normal healthy human being could or would hold sacred. The right to silence should be absolute.
Comment: It is times like this that the distinction between the "right" and the "power" to do something becomes important. No one has the right to abridge constitutional freedoms and human rights. What the court does have is the power to do it. Because the pontifications of psychopathic judges are enforced by the violent paramilitary police that have taken over the United States.
That's what happened in Mr. Tom's manslaughter trial. Since he did not specifically invoke the Fifth Amendment, prosecutors exploited his silence by telling jurors that the defendant callously refused to ask about the injured parties; attempting to portray the behavior of a reckless and remorseless killer instead of a person exercising his rights (and standard legal advice).
At his 2008 trial, Mr. Tom was convicted of gross vehicular manslaughter. A San Mateo Superior Court judge said that Tom's apparent lack of concern was relevant to the issue of criminal recklessness.
Mr. Tom went on to appeal the decision and in March 2012, California's Third District Court of Appeal ruled that the testimony violated Mr. Tom's Fifth Amendment rights because "post-arrest, pre-Miranda silence" could not be used as substantive evidence of guilt in a trial.
However, the appeal was overturned in August 2014 when the California Supreme Court issued its decision in The People v. Tom.
Comment: A convoluted mess, perhaps by design. First, the West supports 'rebels' and 'good Jihadis' or 'moderate Islamists' against Syria and it's democratically elected leaderPresident Bashar al-Assad. Then, these same Jihadis, who actually make up much of the Islamic State group aka ISIS, are deemed a threat to regional stability in both Iraq and Syria. Now, the West (the USA) is giving Syria information to help defeat ISIS and poised "to help" further?? You can't make this stuff up. The only logical conclusion that one could derive from all this would seem to be that ALL of these maneuvers by the U.S., on one level or another, are designed to keep the middle east embroiled in war, death, and destruction.