09-21-2011, 04:56 PM
i also meant to say nobody can be forced to take a poly.
actually, prosecutors in court cannot use the fact that someone maintains their right to be silent as evidence of guilt. in fact there is a standard jury instruction of that premise. for example, jurors are not to derive/assume anything from someone taking the 5th or not taking the stand.
a lack of cooperation such as flight is allowed as evidence of guilt.
and further...that is why even confessions are suspect. there has to be evidence to back up even confessions.
actually, prosecutors in court cannot use the fact that someone maintains their right to be silent as evidence of guilt. in fact there is a standard jury instruction of that premise. for example, jurors are not to derive/assume anything from someone taking the 5th or not taking the stand.
a lack of cooperation such as flight is allowed as evidence of guilt.
and further...that is why even confessions are suspect. there has to be evidence to back up even confessions.