Name and Citation: The name of the case if Salinas v. Texas Salinas is the plaintiff; the State of Texas is the defendant. 12-246 410 US 113 (1973) Decided June 16, 2013
Facts: On the morning of December 18, 1992, Houston police found two brothers that were shot and killed that led officers to initiated an investigation that led them to Genovevo Salinas, Petitioner, who voluntarily to interview with the officer for questioning and was not read his Miranda rights because he was not arrest at the time and all parties agreed the interview was noncustodial. Salinas answered all of the officers questions until one officer asked if his gun found at the crime scene would match the gun found in Salinas’ home. At the point Salinas remained silent and …show more content…
Salinas was free to leave and was not giving Miranda warnings. He was than charge later for the crime and trail guilty of murder. (Alito, leranlebertyedu, 2012)
Issue: Do the district attorney violate an accused offenders Fifth Amendment’s right to forced confession when evidence is used of his or her silence against them even if the evidence comes from questioning before the offender or offenders are taken into authority custody. (Alito, leranlebertyedu, 2012)
Rule of Law: Fifth Amendment Law protects a person against being compelled to be a witness against himself in a criminal case such as Salinas v Texas. (Alito, Salinas v Texas, 2012)
Holding: The Judgment is affirment
Rationale/Reason: The reason of this case concerns whether the prosecuting attorney may have used the defendant’s silence throughout pre-arrest , using pre-Miranda questioning as practical evidence of his guilt. Salinas put up a good argument that his Fifth Amendment right were violated by the Supreme Court because they should have over turn his guilty verdict because of the fact the Court of Criminal Appeals and lower Texas courts used evidence of silence throughout pre-arrest, pre-Miranda questioning. (Alito, leranlebertyedu,
Facts: On the morning of December 18, 1992, Houston police found two brothers that were shot and killed that led officers to initiated an investigation that led them to Genovevo Salinas, Petitioner, who voluntarily to interview with the officer for questioning and was not read his Miranda rights because he was not arrest at the time and all parties agreed the interview was noncustodial. Salinas answered all of the officers questions until one officer asked if his gun found at the crime scene would match the gun found in Salinas’ home. At the point Salinas remained silent and …show more content…
Salinas was free to leave and was not giving Miranda warnings. He was than charge later for the crime and trail guilty of murder. (Alito, leranlebertyedu, 2012)
Issue: Do the district attorney violate an accused offenders Fifth Amendment’s right to forced confession when evidence is used of his or her silence against them even if the evidence comes from questioning before the offender or offenders are taken into authority custody. (Alito, leranlebertyedu, 2012)
Rule of Law: Fifth Amendment Law protects a person against being compelled to be a witness against himself in a criminal case such as Salinas v Texas. (Alito, Salinas v Texas, 2012)
Holding: The Judgment is affirment
Rationale/Reason: The reason of this case concerns whether the prosecuting attorney may have used the defendant’s silence throughout pre-arrest , using pre-Miranda questioning as practical evidence of his guilt. Salinas put up a good argument that his Fifth Amendment right were violated by the Supreme Court because they should have over turn his guilty verdict because of the fact the Court of Criminal Appeals and lower Texas courts used evidence of silence throughout pre-arrest, pre-Miranda questioning. (Alito, leranlebertyedu,